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OHIO 
SCHOOL LAWS 



BLANK FORMS AND DIRECTIONS TO SERVE AS 

A GUIDE FOR SCHOOL OFFICERS 

AND TEACHERS. 



COMPILED UNDER THE DIRECTION OF 

FRANK W. MILLER, 

SUPERINTENDENT OF PUBUC INSTRUCTION. 



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Columbus, Ohio: \ 

The F, J. Heer Printing Co. 
1915 



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PREFACE 



This edition of the Ohio School Laws is issued in accordance with 
Section 356 of the General Code of Ohio. 

It is the desire of the State Department of Public Instruction to 
issue a sufficient number of copies that not only the Boards of Educa- 
tion may have them but that all others sufficiently interested may be 
supplied. 

September 8, 1915. 

Frank W. Miller, 
^Superintendent of Public Instruction. 



CONSTITUTION OF OHIO 

RELATING TO 

PUBLIC SCHOOLS. 



ARTICLE I. 



Section 7. All men have a ncltural and indefeasible right to wor- 
ship Almighty God according to the dictates of their own conscience. No 
person shall be compelled to attend, erect, or support any place of wor- 
ship, or maintain any form of worship, against his consent; and no 
preference shall be given, by law, to any religious society; nor shall any 
interference with the rights of conscience be permitted. No religious 
test shall be required, as a qualification for office, nor shall any person 
be incompetent to be a witness on account of his religious belief ; but 
nothing herein shall be construed to dispense with oaths and affirmations. 
Religion, morality, and knowledge, however, being essential to good gov- 
ernment, it shall be the duty of the General Assembly to pass suitable 
laws to protect every religious denomination in the peaceable enjoyment 
of its own mode of public worship, and to encourage schools, and the 
means of instruction. 

"The system of public education in Ohio is the creature of the Constitution and statutory 
lav,s of the state. It is left to the discretion of the general assembly, in the exercise of the 
general legislative power conferred upon it (Art II, § 1), to determine what laws are 'suitable' 
to secure the organization and management of the contemplated system of common schools, 
without express restriction, except that 'no religious or other sect or sects shall ever have any 
exclusive right to, or control of, any part of the school funds of this state.' " 21 O. S., 198-205; 
Day, J. 

The compulsory education law comes within this section. 5 C. C, 645. 

Under article 15, section 4 of the constitution, a woman may not be elected 
to or appointed to any office in this state. Under article 6, section 2 and article 1, 
section 7 of the constitution, however, through the powers therein conferred upon 
the general assembly to secure a thorough and efficient system of common schools 
and to encourage schools and the means of instruction, the provisions of section 
4862, General Code, permitting a woman to serve as member of a board of educa- 
tion and to vote for members thereof, is held to be valid and constitutional. 

Since, therefore, women may serve on the board of education and since, 
furthermore, section 4747, General Code, provides that in any district other than 
the township school district, a member of a board of education may be elected 
clerk of the board, a woman in this district may be so elected clerk, under 
authority of this statute. 

The statutes do not confer the right, however, of a woman to serve as clerk 
of a township, and since the statutes require such clerk to act as clerk to the 
school board, a woman may not serve in the latter capacity. The statutes, fur- 
thermore, have not made provision for service as treasurer of a school board by a 
woman and she may, therefore, not serve in that capacity. — Attorney General, 1913, 
p. 466. 

ARTICLE II. 

Section 26. All laws, of a general nature, shall have a uniform 
operation throughout the state; nor, shall any act, except such as relates 
to public schools, be passed, to take efifect upon the approval of any other 

5 



6 CONSTITUTION OF OHIO RELATING TO PUBLIC SCHOOLS. 

authority than the General Assembly, except, as otherwise provided in 
this constitution. 

To permit state fines to be paid into city treasury would violate Article II, 
Section 26 of the constitution providing against special legislation, by its inter- 
ference with respect to disposition of state fines and with reference to common 
school funds, poor funds, and law library associations. As there is furthermore, 
no apparent reason for the sacrifice of state fines to the city, the ambiguity must 
be construed in favor of the latter language of Section 30 aforesaid, and the clerk 
of the municipal court given the duties which formerly devolved on the former 
police clerk of paying a certain portion of state fines to the law library associa- 
tion.— /4ffor«^3; General, 1912, p. 270. 

ARTICLE VI. 

EDUCATION. 

Section i. The principal of all funds, arising from the sale, or 
other disposition of lands, or other property, granted or entrusted to this 
state for educational and religious purposes, shall forever be preserved 
inviolate, and undimished ; and, the income arising therefrom, shall be 
faithfully applied to the specific objects of the original grants, or appro- 
priations. 

Section 2. The General Assembly shall make such provisions, by 
taxation, or otherwise, as, with the income arising from the school trust 
fund, will secure a thorough and efficient system of common schools 
throughout the state ; but no religious or other sect, or sects, shall ever 
have any exclusive right to, or control of, any part of the school funds 
of this state. 

As the tuition fund is in the nature of a trust fund, for the benefit of each 
individual youth in the state, transfers from said fund, in the treasury of a school 
district to a building fund cannot be made except under provision and conditions 
provided for in Section 5655 General Code for the purpose of reducing tax levy 
estimates at the annual meeting of the board. 

The common pleas court has powers, under Sections 2296-2302, General Code, 
to permit transfers ''when no injury will result therefrom" but in view of the 
peculiar nature of the tuition fund, such action would be a rare possibility. — 
Attorney General, 1912, p. 1206. 

Under Section 4696, General Code, the funds and indebtedness of the town- 
ship school district should be equitably apportioned between the township and 
village district as therein provided. 

The statutes do not provide specifically for the disposition of the school 
building situated in the village but the decisions endorse the reasonability of per- 
mitting the newly created district to take title to school property within its limits 
and which was designed for its use, and such is to be deemed the policy of the 
law. — Attorney General, 1912, p. 1282. 

Since repeals by implication are not admitted unless the latter act is clearly 
inconsistent with the former, and since both constitutional and legislative pro- 
vision is made for "thorough and efficient schools," the State Aid law for weak 
school districts has not been repealed by the Smith Law, and the Auditor is still 
authorized under the proper circumstances to issue his warrant for State Aid as 
provided in Section 7959 General Code. 

Such warrant shall only be issued when the maximum levy for school board 
purposes, (three-fourths of which has been made for tuition purposes) is insuffi- 
cient to enable the Board to pay $40.00 per month for its teachers for eight months 
of the year. 

The "maximum levy" provided for in the State Aid law which was formerly 
restricted by the twelve mill limitation, is now, by reason of the Smith Law, sub- 
ject to the four limitations provided for therein. It, therefore, follows that what 
the Budget Commission determines to be the "maximum legal school levy for the 
district" shall be the maximum levy for the purpose of the State Aid Law, 



CONSTITUTION OF OHIO RELATING TO PUBLIC SCHOOLS. 7 

When, therefore, the Board has properly certified a sufficient sum to the 
Auditor to provide sufficiently for payment of its teachers, and the Budget Com- 
mission has, reduced the allowance to such an extent that teachers cannot be 
paid $40.00 per month for eight months in the year under the restrictions of Sec- 
tion 7959 General Code and three-fourths of such allowance is made for tuition 
purposes, the State Auditor may issue his State Aid Warrant. — Attorney General 
1912, p. 89. 

Section 3. Provision shall be made by law for the organization, 
administration and control of the public school system of the state sup- 
ported by public funds : provided, that each school district embraced 
wholly or in part within any city shall have the power by referendum 
vote to determine for itself the number of members and the organization 
of the district board of education, and provision shall be made by law 
for the exercise of this power by such school districts. 

Section 4. A superintendent of public instruction to replace the 
state commissioner of common schools, shall be included as one of the 
officers of the executive department to be appointed by the governor, for 
the term of four years, with the powers and duties now exercised by the 
state commissioner of common schools until otherwise provided by law, 
and with such other powers as may be provided by law. 

1. The expenses of a teacher, appointed by the board of education as del- 
egate to the educational congress at Columbus, December 5, 1913, may not legally 
be paid out of the township, village, or special school district treasury. 

2. When a teacher is appointed by a board of education of a city district, 
such expense may not be paid from the school treasury, nor can the expenses of 
members of a board of education to such convention be paid out of the city fund. 
The expenses of persons not members of a board of education or teachers, 
incurred in attending the above named congress, may not be paid from the school 
fund. Before such expenses can be paid, an appropriation for this purpose must 
be made by the legislature. — Attorney General, 1913, p. 416. 

A school district receiving permission, prior to 1913, to maintain a school for 
the deaf, is entitled, without further permission, to maintain such school and to 
receive from the state treasury the sum of one hundred and fifty $150.00) dollars 
for each deaf pupil taught in such school during the year ending August, 1914. — 
Attorney General, Opinion No. 8, Jan. 16, 1915. 

ARTICLE XII. 

Section 2. Laws shall be passed, taxing by a uniform rule, all mon- 
eys, credits, investments in bonds, stocks, joint stock companies, or other- 
wise ; and also all real and personal property according to its true value 
in money, excepting all bonds at present outstanding of the state of 
Ohio or of any city, village, hamlet, county, or township in this state 
or which have been issued in behalf of the public schools in Ohio and 
the means of instruction in connection therewith, which bonds so at 
present outstanding shall be exempt from taxation : but burying grounds, 
public school houses, houses used exclusively for ptiblic worship, institu- 
tions used exclusively for charitable purposes, ptiblic property used ex- 
clusively for any public purpose, and personal property, to an amount 
not exceeding in value five hundred dollars, for each individual, may. 
by general laws, be exempted from taxation ; but all such laws shall be 
subject to alteration or reneal ; and the value of all property, so ex- 
empted, shall, from time to time, be ascertained and published as may 
be directed by law. 

School property is not liable to assessment for street improvement; nor can a judgement 
be rendered against the board of education for the payment of the assessment out of its con- 
tingent fund. 48 O. S., 83. 

Sidewalk — School property not assessable for. 48 O. S., 87. 



\ 



8 CONSTITUTION OF OHIO RELATING TO PUBLIC SCHOOLS. 

The provision of the statutes providing for exemption from taxation of 
institutions of purely public charity, is intended to apply to private institutions as 
distinguished from an official or public agency. Inasmuch as the board of trus- 
tees of a teachers' pension fund constitutes a public agency rather than a private 
corporation, pension funds may not be exempted from taxation under this head. 

Under article 12, section 2, of the constitution, the legislature would be em- 
powered to exempt such funds under the provisions for the exemption of "public 
property used exclusively for any public purpose." Not having done so, however, 
such pension funds must be held to be technically subject to taxation. — Attorney 
General, 1913, p. 470. 

Section 16 of school lands in Marion township was vested in the state in trust 
for school purposes, by -act of congress. There is no special statutory provision 
making such lands amenable to assessments for pike improvements and such an 
assessment would furthermore be a violation of the trust defined by agreement 
between the state and the United States. 

Nor are the trustees of said section authorized or given any power to con- 
sent to such an assessment. — -Attorney General, 1911-12, p. 1034. 

Oberlin College being conducted without a view to individual pecuniary gain 
is, therefore, a public college within the meaning of section 5349, General Code. 
The further requirement of section 5349 referring to "lands not used with a view 
to profit" comprehends a profit for the institution itself. 

Therefore, land owned by Oberlin College and so used and also "all buildings 
connected therewith," such as dormitories from which a rental is charged and 
devoted to the aims of the institution, are exempt from taxation. 

The endowment fund of Oberlin College, under section 2732, Revised 
Statutes, was exempt under the phase "moneys and credits appropriated solely to 
sustain and belonging exclusively to said institutions," and now, under said sec-, 
tion as codified, i. e., section 5353, General Code, such fund is consistently exempt 
by virtue of the phrase "property belonging to institutions of public charity only." 

— Attorney General, 1911-12, p. 1298. 

The question as to the constitutionality of the state highway department law 
was before the supreme court in the case of Link v. Karb. The decision of the 
court in that case constitutes the constitutionality of the law res adjudicata. — 
Attorney General, Opinion No. 724, Jan. 29, 1914. 

Under Article XII, Section 11 of the Constitution, as amended, serial bonds 
may be issued, and provision for the annual levy of taxes for the retirement of the 
indebtedness so incurred considered as a unit, the levies being equal in amount 
and distribution over the entire number of years between the incurring of the 
indebtedness and the date of maturity of the last series, would be a sufficient com- 
pliance with the constitutional requirement that provision be made for the annual 
levy of an amount sufficient to provide a sinking fund, although the series might so 
mature as practically to preclude any accumulation of a technical fund and to 
require the principal to be expended in the retirement of the maturing bonds as 
fast as it is levied. The phrase "annual levy * * * gf taxes * * * sufficient 
to provide * * * ^ sinking fund" is interpreted as requiring that the burden of 
taxation on account of a debt incurred at a given time shall be evenly distributed 
during the life of the indebtedness, considered as a unit; and not as requiring the 
accumulation of a "sinking fund" in the strict and technical sense. — Attorney 
General, Opinion No. 1151, Sept. 12, 1914. 

The following is the correct wording of an ordinance or resolution under 
Article XII, Section 11 of the constitution on an issuing of bonds : 

"There shall be levied and collected; by taxation, annually, during the period 
for which said bonds are to run, an amount sufficient to pay the interest on said 
bonds as herein provided for, and to provide a sinking fund for their final 
redemption at maturity." — Attorney General, Opinion No. 861, April 24, 1914. 

On authority of Rabe v. Board of Education, 88 O. S., 403, Section 7629, 
General Code, providing for the issuance of bonds under certain circumstances, 
by boards of education, is still in effect. This opinion discusses the present 
operation under the Smith Law and Article XII, Section 11 of the Constitution. 

— Attorney General, Opinion No. 1088, Aug. 3, 1914. 

Where a man holds four one thousand dollar non-taxable bonds and these 
bonds are due and payable on April 1, 1913, but were not presented for payment 



CONSTITUTION OF OHIO RELATING TO PUBLIC SCHOOLS. 9 

until April 16th, this date being after the second Monday of April when money 
becomes subject to listing for taxation, such bonds do not lose their character, 
as such, by reason of their being overdue, and being non-taxable before maturity 
continue to be so thereafter. — Attorney General, Opinion 732, Feb. 2, 1914. 

A board of education may borrow money under Section 5656, G. C, for the 
purpose of paying unpaid installments of teachers' salaries. 

Bonds may not be issued under this section, however, unless within the 
limitations of the law interest and sinking fund levies sufficient to retire them 
rnay be made during the years for which they are to run. Such interest and 
sinking fund levies being preferred to current levies by the Act found in 104 
O. L., 12, the board should anticipate its needs for current purposes and its needs 
for interest and sinking fund purposes and so apportion its indebtedness as not to 
impair its future revenues for either purpose. — Attorney General, Opinion 178, 
March 27, 1915. 

ARTICLE XV. 

MISCELLANEOUS. 

Section 7. Every person chosen or appointed to any office under 
this state, before entering upon the discharge of its duties, shall take an 
oath or affirmation, to support the Constitution of the United States, 
and of this state, and also an oath of office. 



PART FIRST 



POLITICAL. 

11 



PRELIMINARY. 



CHAPTER I. 
GENERAL PROVISIONS. 

Section io. When an elective office becomes vacant, Term of 
and is filled by appointment, such appointee shall hold the eKv? Office, 
office until his successor is elected and qualified. Unless 
otherwise provided by law, such successor shall be elected 
for the unexpired term at the first general election for the 
office which is vacant that occurs more than thirty days 
after the vacancy shall have occurred. This section shall 
not be construed to postpone the time for such election 
beyond that at which it would have been held had no such 
vacancy occurred, nor to affect the official term, or the 
time for the commencement thereof, of any person elected 
to such office before the occurrence of such vacancy. 
(Revised statistics of 1880.) 

In the case of vacancies in a school board filled by appoint- 
ment Section 10, General Code, provides that a successor shall be 
elected for the unexpired term at the first general election for such 
office if such vacancy occurs more than thirty days before any 
election. 

Such appointee, however, has the same right as an elective 
officer to hold over until his successor is elected and qualified. 

Where at an election, five positions were to be filled, two for 
four years and three for approximately two years and there was 
no designation upon the ballot to determine who were the candi- 
dates for the long term and who were the candidates for the 
short term, the terms were nqt definitely settled and there was no 
valid election. — Attorney General, 1912, p. 1102. 

For the manner of filling vacancies in ofiice, see the provisions of law 
relating to the same under each office. 

Vacancy does not exist by reason of death of an officer before his term 
begins, until the time for the commencement of such term: State, ex rel., v. 
Metcalf, 80 O. S. 244. 

No vacancy exists where the successful candidate dies on election day 
before the polls are closed, until the commencement of the term for which he 
was a candidate: State, ex rel., v. Speidel, 62 O. S. 156. 

The election must be one at which such officers are regularly and prop- 
erly elected: State, ex rel., v. Nash, 66 O. S. 612. 

It must be at least thirty days after the vacancy occurs: State, ex rel., 
V. Dahl, 55 O. S. 195. 

A prospective vacancy cannot be filled: State, ex rel., v. Metcalf, 80 
O. S. 244. 

If a successor is not appointed at such election, the appointee hold 
office until his successor is elected and qualified: State, ex rel., v. Metcalf, 
80 O. S. 244. 

Section ig. The state, a county, township, munici- inegai loans 
pal corporation, or school board, shall not be precluded by pubHc^°office?s^ 
the illegal loan or deposit of an officer or agent of public 
money, funds, bond, securities, or assets, belonging to it, 
from suing for and recovering the same. Such suit shall 

13 



14 



GENERAL PROVISIONS. 



not be held to be an adoption or satisfaction of such illegal 
transaction. (60 v. 64.) 

A SQ-called deposit of canal funds with an insurance company to be 
repaid in two years is, in legal effect, a loan, and prior to the present statute, 
the state could not recover such authorized loan, except by ratifying the 
transaction and relieving the agents of liability for their misconduct: State 
V. Buttles, 3 O. S. 309. 

Held not to apply to an action by a village to recover land which it has 
bought from A and has donated to B to induce him to establish a factory in 
such village: Markley v. Mineral City, 58 O. S. 430. 

Sales and SECTION 23- 1. All sales and leases of public or other 

landY shaif^re- State lands, cxcept canal lands other than reservoirs and 
serve all oil, lands appurtcuaut and adjacent to reservoirs, shall ex- 
other^mine^rais. cludc all oil, gas, coal or Other minerals on or under such 
lands, except lands specifically leased for such purposes 
separate and apart from surface leases, and all deeds for 
such lands executed and delivered by the state shall ex- 
pressly reserve to the state all gas, oil, coal and other min- 
erals on or under such lands with the right of entry in and 
upon said premises for the purpose of selling or leasing 
the same, or prosecuting, developing or operating the same 
and this provision shall affect and apply to pending ac- 
tions. (106 I. 245.) 

Section 27. In the interpretation of parts first and 
second, unless the context shows that another sense was 
intended, the word ''bond" includes and ''undertaking," 
and the word "undertaking" includes a "bond ;" "and" 
may be read "or," and "or" read "and," if the sense re- 
quires it ; words of the present include a future tense, in 
the masculine, include the feminine and neuter genders, 
and in the plural include the singular and in the singular 
include the plural number; but this enumeration shall not 
be construed to require a strict construction of other words 
in such parts, or in this code. (Revised statutes of 1880.) 



Interpretation 
of certain 
words. 



w 



FLAG, EMBLEM, COAT OF ARMS. 

Official flag Section 28. The flag of the state of Ohio shall be 

of state. pennant shaped. It shall have three red and two white 

horizontal stripes ; the union of the flag shall be seventeen 
five-pointed stars, white in a blue triangular field, the base 
of which shall be the staff end or vertical edge of the 
flag, and the apex of which shall be the center of the 
middle red stripe. The stars shall be grouped around a 
red disc superimposed upon a white circular "O". The 
proportional dimensions of the flag and of its various parts 
shall be according to the official design thereof on file in 
the office of the secretary of state. One state flag of uni- 
form dimensions shall be furr^ished to each company of 
the Ohio National Guard. (io6 v. 341.) 

As to displaying the United States flag on schoolhouses, see G. C, 
Sec. 7621. 

As to displaying foreign flags on public buildings, see G. C. Sec. 12395. 

Floral emblem SECTION 29. The scarlct camation is hereby adopted 

of the state. 35 ^j^g gtatc flower of Ohio as a token of love and rev- 
erence for the memory of William McKinley. (97 v. 631.) 



GENERAL PROVISIONS. 15 

Section 30. The coat of arms of the state of Ohio Device of coat 
shall consist of the following device: A shield, -in form, "Je^sSte^^ 
a circle; on it, in the foreground, on the right, a sheaf 
of wheat; on the left a bundle of seventeen arrows, both 
standing erect; in the background, and rising above the 
sheaf and arrows, a mountain range, over which shall ap- 
pear a rising sun. (65 v. 175.) 

Section 286, A report of the examination shall be Triplicate re- 
made in triplicate, one copy thereof filed in the office of amina°tion!^~ 
the auditor of state, and one copy filed in the auditing de- 
partment of the taxing district reported upon, and one in 
the ofiice of the legal officer of the taxing district or in the 
case of village having no solicitor or legal counsel, with 
the mayor thereof. If the report discloses malfeasance, 
misfeasance, or neglect of duty on the part of an officer 
or an employe, upon the receipt of such copy of said re- 
port it shall be the duty of the proper legal officer and he 
is hereby authorized and required, to institute in the 
proper court within ninety days from the receipt thereof 
civil actions in behalf of the state or the political divisions 
thereof to which the right of action has accrued, and 
promptly prosecute the same to final determination to re- 
cover any fees or public funds misappropriated or to other- 
wise determine the rights of the parties in the premises. He 
shall notify the attorney-general of the filing of such ac- 
tions, keep him fully advised of the progress therefor, and 
before or after such civil action is commenced it shall not 
be lawful for the county commissioners or any board or 
officer to make a settlement or compromise of any claim, 
such civil action or controversy arising out of such mal- 
feasance, misfeasance or neglect of duty so reported upon, 
nor for any court to enter any compromise or settlement 
of such civil action, without first giving notice thereof to 
the attorney-general and allowing him to be heard in the 
matter. Upon the refusal, or neglect of the proper legal 
officer to take action as herein provided, the auditor of 
state shall direct the attorney-general to institute and 
prosecute the action to a final determination of the rights 
of the parties in the premises, and he is hereby authorized 
and required to do the same. (loi v. 382.) 

A city school district is not authorized to pay for publication 
in a newspaper of a statement of receipts and expenditures for the 
year. 

When such action is performed. 

1. The newspaper cannot be held, as the payment was 
voluntary. 

2. The members of the board of education who voted for 
the move are guilty of a misfeasance and are subject under the 
terms of 286, G. C, to civil action by the proper legal officer for 
a recovery. 

3. The president, clerk and treasurer, acting in good faith, 
in their respective capacities performed merely ministerial acts 
and are therefore not liable. — Attorney General, 1911-12, p. 272. 



TITLE III. EXECUTIVE. 

APPOINTIVE STATE OFFICERS. 



CHAPTER 6. 
SUPERINTENDENT OF PUBLIC INSTRUCTION. 



Section 

333. Attorney General; legal adviser. 

352. Superintendent of Public Instruction; 

appointment and term. 
352-1. Who eligible as superintendent. 

353. Bond of superintendent, where filed. 
353-1. Employment of clerks and assistants. 

354. Duties 

355. Supervision of school funds and report. 

356. School laws, collation, distribution. 

357. Forms, reports. 



Section 

358. Arbor Day manual. 

359. Reports from private schools. 

360. Annual report, contents. 

301. Fradulent use of school funds. 

362. Examiner to investigate funds. 

363. Duty of certain officers. 

364. Report of examiner. 

365. Stenographer for examiner. 

366. Compensation and mileage of examiner. 

367. Duty of judge and prosecuting attor- 

ney. 



]3,j^jgg_ Employment of counsel, see G. C. 333. 

School books to be submitted to, before purchase by board of education, 
see G. C. 7711. 

Section 333. The attorney-general shall be the chief 
law officer for the state and all its departments. No state 
officer, board, or the head of a department or institution 
of the State shall employ, or be represented by, other coun- 
sel or attorneys-at-law. The attorney-general shall appear 
for the state in the trial and argument of all civil and 
criminal causes in the supreme court in which the state 
may be directly or indirectly interested. When required 
by the governor or the general assembly, he shall appear 
for the state in any court or tribunal in a cause in which 
the state is a party, or in which the state is directly inter- 
ested. Upon the written request of the governor, he shall 
prosecute any person indicted for a crime. (97 v. 59.) 

Superintend- SECTION 352. There shall be a superintendent of 

ent of public public iustruction, who shall be appointed by the Governor, 
appointment He shall hoM his office for a term of four years, and until 
and term. j^jg succcssor is appointed and qualified, such term com- 

mencing on the second Monday of July. He shall have 
an office in or near the state house, in which the books and 
papers pertaining to his office shall be kept. (104 v. 225.) 

As to the appointment of state board of examiners by the state super- 
intendent of public instruction, see G. C. 7805. 

When the law requires that the state school commissioner will 
commence his term on Monday, July 10, the term of his predecessor 
expires on Sunday, July 9, at midnight, and Monday, July 10, 
belongs to the administration of the elected commissioner. — At- 
torney General, 1911-1912, p. 533. 

Who eligible Section 352-1. No onc who is interested financially 

tendent."^'" or Otherwise in any book publishing or book selling com- 
pany, firm or corporation, shall be eligible to appointment 

16 



SUPERINTENDENT OF PUBLIC INSTRUCTION. IJ 

as superintendent of public instruction. If any superin- 
tendent of public instruction becomes interested financially 
or otherwise, in any book publishing or book selling com- 
pany, firm or corporation said superintendent of public in- 
struction shall forthwith be removed from office by the 
governor. (104 v. 225.) 

Section 353. Before entering upon the discharge of Bond of 
the duties of his office, the superintendent of public in- Inf^^^Jgre 
struction shall give a bond to the state in the sum of five filed, 
thousand dollars, with two or more sureties approved by 
the secretary of state, conditioned for the faithful dis- 
charge of the duties of his office. Such bond, with the ap- 
proval of the secretary of state and the oath of office in- 
dorsed thereon, shall be deposited with secretary of state 
and kept in his office. (103 v. 528.) 

Section 353-1. The superintendent of public in- Employment 
struction may employ such clerks, stenographers and as- Assistants ^"^ 
sistants as will enable him to properly care for the duties 
of his office. The compensation of such appointees shall 
be fixed by the superintendent of public instruction, with 
the approval of the governor. (104 v. 225.) 

Sectiion 360. The superintendent of public instruc- Duties of 
tion while holding such office shall not perform the duties Supenntend- 
of teacher or superintendent of a public or private school, 
or be employed as teacher in a college or hold any other 
office or position of employment. He may visit and in- 
spect schools and attend educational gatherings either 
within or without the state, and deliver lectures on topics 
calculated to subserve the interests of popular education, 
and his necessary and actual expenses therefor when 
properly verified shall be paid by the state. (104 v. 225.) 

Section 355. The superintendent of public instruc- Supervision of 
tion shall have such supervision of the school funds of the school funds 

^ , . - ,,..,. and reports. 

state as is necessary to secure their safety and distribution 
as provided by law. He may require of auditors and treas- 
urers of counties, boards of education, teachers, clerks and 
treasurers of such boards, and other local school officers, 
copies of all reports made by them in pursuance of law. 
He may also require of such officers any other information 
he deems proper in relation to the condition and manage- 
ment of schools and school funds. (104 v. 225.) 



Section 356. The superintendent of public instruc- collate school 
tion shall collate the laws relating to schools and teachers' ^/^^ ^"^ 

, . , 9. - - , . forms. 

institutes, and provide an appendix of forms and instruc- 
tions for their execution. He may revise such collation 
and appendix as often as changes therein are in his opin- 
ion necessary. (106 v. 508.) 

Any notes which the superintendent of public instruction may insert in 
his book of school laws are in the nature of advice to school officers, and are 
of great force and weight, although not a judicial interpretation of the law: 
State, ex rel., v. Treasurer, 2 O. C. 363, 1 C. D. 532. 

2 S. h. 



i8 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 



Forms and 
regulations 
for reports 
and pro- 
ceedings. 



Publication 
and distribu- 
tion of Arbor 
Day manual. 



Reports from 

private 

schools. 



Annual report 
of superin- 
tendent to 
governor. 



Complaint of 
fraudulent 
use of school 
funds. 



Section 357. The superintendent of public instruc- 
tion shall prescribe suitable forms and regulations for the 
reports and other proceedings required by the school laws, 
with such instructions for the organization and govern- 
ment of schools as he deems necessary, and transmit them 
to the local school officers, who shall be governed thereby 
in the performance of their duties. (104 v. 225.) 

Section 358. The superintendent of public instruc- 
tion shall issue each year a manual for arbor day exercises. 
The manual shall contain matters relating to forestry and 
birds, including a copy of such laws relating to the pro- 
tection of song and insectivorous birds as he deems proper. 
He shall transmit copies of the manual to the superintend- 
ent of city, village, and rural schools and to the clerks of 
boards of education, who shall cause them to be distributed 
among the teachers of the schools under their charge. On 
arbor day, and other days when convenient, the teachers 
shall cause such laws to be read to the scholars of their 
respective schools and shall encourage them to aid in the 
protection of such birds. (104 v. 225.) 

Section 359. Each year the superintendent of public 
instruction shall require a report of the president, man- 
ager or principal of each seminary, academy or private 
school. The report shall be made upon blanks furnished 
by the superintendent and contain a statement of such 
facts as he prescribes. The president, manager or prin- 
cipal shall fill up and return the blanks within a time fixed 
by the superintendent of public instruction. (104 v. 225.) 

Section 360. The superintendent fo public instruc- 
tion shall make an annual report to the governor, which 
shall contain a statement of the amount and condition of 
the funds and property appropriated for purposes of edu- 
cation; the number of common schools in the state, the 
number of scholars attending such schools, their sex and 
the branches taught; the number of private or select 
schools in the state so far as can be obtained, the num- 
ber of scholars attending such schools, their sex and the 
branches taught ; the number of teachers' institutes, the 
number of teachers attending them, the number of in- 
structors and lecturers employed therein and the amount 
paid to each ; the estimate and accounts of expenditures 
of the public school fund, plans for the management and 
improvement of common schools, and such other infor- 
mation relative to the educational interests of the state as 
the superintendent deems important. (104 v. 225.) 

As to the duty of county auditors in transmitting abstracts of school 
statistics to State Superintendent of Public Instruction, see G. C. Sec. 7789. 

Section 361. When three or more resident taxpayers 
of a school district have reason tO' believe that any portion 
of the school funds of the district has been unlawfully 
expended or misapplied by the officers thereof, or that 
fraudulent entries have have been made by an officer in 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 



19 



the books, accounts, vouchers, or settlement sheets of the 
district, or that an officer has not made settlement of his 
account as required by law, they may make complaint 
thereof in writing, verify it by the affidavits of at least 
three such taxpayers, with the certificate of the auditor of 
the county that they are taxpayers attached, and file such 
complaint with the superintendent of pubhc instruction. 
(104 V. 225.) 

Cited by mistake in Commissioners v. Pennsylvania Co., 1 O. C. C. (N. 
S.) 409, 14 O. C. D. 550. 

Section 362. Upon the filing of complaint, or when Examiner to 
for other cause he deems it necessary, the superintendent investigate 
of public instruction shall request the auditor of state to funds, 
detail an examiner of his department to investigate the 
condition of the school funds of a district. The examiner 
shall be trustworthy and .competent accountant and shall 
have authority to summon witnesses before him forthwith 
upon written notice and examine them under oath, admin- 
istered by him. He shall be sworn by a person authorized 
by law to administer oaths, and shall forthwith visit the 
school district, take possession of the books, papers, vouch- 
ers and accounts thereof and begin such investigation. 
(104 V. 225.) 

Cited by mistake in Commissioners v. Pennsylvania Co., 1 O. C. C. (N. 
S.) 409, 14 O. C. D. 560. 

Section 363. On application of the examiner, the of- j^^^y ^j ^er- 
ficers of the school district shall immediately place in his tain officers 
passession the books, accounts, contracts, vouchers and 'exami^nat?on. 
other papers relating to the receipts and expenditures of 
the school funds. The auditor and treasurer of the county 
shall afford the examiner free access to the records, books, 
papers, vouchers and accounts of their respective offices 
relating to the subject of the investigation. (94 v. 313.) 

Section 364. After completing an investigation, the Report of ex. 
examiner shall make a report in writing in duplicate show- *"*'""• 
ing the condition of the books, vouchers and accounts of the 
district, the amount of school funds .received for all pur- 
poses and from what sources, the amount thereof expended 
and for what purposes and the amount in the treasury. The 
examiner shall file one copy of the report with the president 
of the county board of education of the county in which 
the district is located, and transmit the other to the superin- 
tendent of public instruction. (104 v. 225.) 

Section 365. With the written consent of the pros- 
ecuting attorney or a judge of the court of common pleas 
of the county in which the school district is located, the 
examiner may require the services of the official court sten- 
ographer of the county to aid him in making such exam- 
ination ; but the stenographer shall receive no compensation 
for such service in addition to the compensation provided 
for him by law. (94 v. 312.) 

Cited by mistake in Commissioners v. Pennsylvania Co., 1 O. C. C. 
(N. S.) 409, 14 0. C. D. 550. 



Stenographer 
for examiner. 



20 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 



Compensation 
and mileage 
of examiner. 



Duty of judge 
and prosecut- 
ing attorney. 



Section 366. The examiner shall receive five dollars 
for each day necessarily engaged in the performance of his 
duties and five cents for each mile of necessary travel not 
exceeding the distance from the seat of government to the 
school district. The compensation and mileage of the ex- 
aminer shall be paid from the county treasurer upon the 
warrant of the county auditor. If the complaint or other 
cause be sustained, the amount so paid shall be assessed by 
the county auditor upon the taxable property of the school 
district and collected as other taxes. (94 v. 313.) 

See court of common pleas, G. C. 11215, 13425. 
See prosecuting attorney, G. C. 2909, et seq. 
See grand jury, G. C. 13554, et seq. 

Section 367. A judge of the court of common pleas 
of the proper county shall examine the report of the ex- 
aminer filed with the clerk, and, if it appear therefrom that 
any part of the school funds has been unlawfully used or 
misapplied, or that there has been fraud in the entries, 
accounts, vouchers, contracts or settlements, or that the 
settlements have not been made as required by law ; or, 
if it appear thereform that there has been defalcation or 
embezzlement by an officer of such district, he shall give 
the reports specially in charge to the grand jury at the term 
of court following the filing of the report. The prosecut- 
ing attorney of the county shall forthwith prosecute such 
proceedings, civil or criminal, or both, as are authorized by 
law, against the delinquent officer or officers. (72 v. 82.) 

This section neither expressly nor by implication confers upon the 
prosecuting attorney power to bring suit to enjoin the board of education' 
from applying money, arising from taxes levied to build a schoolhouse, to the 
purpose of repaying money borrowed by such board in anticipation of such 
taxes: State, ex rel., v. Board of Education, 11 O. C. C. 41, 5 O. C. D. 447. 



TITLE IV. JUDICIAL. 



CHAPTER 8. 



JUVENILE COURT. 



Section 

1639. What courts to have powers and juris- 
diction. 

Seal. 

Appearance docket and journal. 

Jurisdiction. 

When jurisdiction terminates. 

"Delinquent child" defined. 

"Dependent child" defined. 

"Proper parental care" defined. 

Affidavit. 

Citation, warrant, contempt. 

Provision to avoid incarceration. 

Special room for juvenile court. 

Hearing. 

Jury trial; costs. 

Judge may commit child to care of 
probation officer, etc. 

Examination by competent physician. 

Judge may commit child to care of 
suitable person. 

Aage limits. 

Aiding or abetting delinquency; pen- 
alty. 

Failure or neglect to support; penalty. 

Workhouse sentence, provisions in 
case of. 

Commitment in county jail, etc. 

Citation after hearing. 

Transfer of case to juvenile judge. 

Writs, to whom issued. 

Expense, how paid. 

Probation officers, appointment, com- 
pensation. 

Duties and powers of probation 
officers. 

1664. Prosecuting attorney, duty of. 

1665. Bail. 



1G40. 

1641. 

1642. 

1643. 

1644. 

1645. 

1646. 

1647. 

1648. 

1648-1. 

1649. 

1650. 

1651. 

1652. 

1652-1. 
1653. 

1653-1. 
1654. 

1655. 
1656. 

1657. 
.1658. 
1659. 
1660. 
1661. 
1662. 

1663. 



Section 



1666. 
1667. 
1668. 
1669. 
1670. 

1671. 
1672. 
1673. 

1674. 

1675. 

1352-2. 

1677. 
1678. 
1679. 
1680. 

1681. 
1682. 
1«88. 

1683-1. 
1CS3-2. 
1683-3. 
1683-4. 
1683-5. 



Suspension of sentence. 

Forfeit of bond. 

Error proceedings. 

Findings, not lawful evidence. 

Detention home, how established and 
conducted. 

Expenses of detention home. 

Child becomes a ward, when. 

Many agree with incorporated insti- 
tution for care of child. 

Agent of certain institutions, duties 
of. 

Judge may require report from insti- 
tution. 

Articles of incorporation to be ap- 
proved by board of state charities. 

Association of other states. 
Penalty. 

Religious belief. 

How chapter construed as to indus- 
trial schools. 

When child is charged with felony. 
Fees and costs, how paid. 
Chapter to be liberally construed. 



Jurisdiction. 
Mot 



thers' pension. 
Conditions of allowance. 
When allowance shall cease. 
Disposal of fund when amount insuffi- 
cient. 

1683-6. Tho whom act does not apply. 
1683-7. Attempt to obtain allowance by fraud. 
1683-8. Record of proceedings. 
1630-9 Tax levy. 

1683-10. County Commissioners may transfer 
surplus for juvenile court. 



Section 1639. Courts of common pleas, probate courts, 
and insolvency courts and superior courts, where established 
shall have and exercise, concurrently, the powers and juris- 
diction conferred in this chapter. The judges of such 
courts in each county, at such times as they determine, shall 
designate one of their number to transact the busines;? 
arising under such jurisdiction. When the term of the 
judge so designated expires, or his office terminates, another 
designation shall be made in like manner. 

The words, juvenile court when used in the statutes of 
Ohio shall be understood as meaning the court in which the 
judge so designated may be sitting while exercising such 
jurisdiction, and the words "judge of the juvenile court" 
or "juvenile judge" as meaning such judge white exercising 
such jurisdiction. 

The foregoing provisions shall not apply to Hamilton 
county, in which county the powers and jurisdiction con- 
ferred in this chapter shall be exercised by the court of 
common pleas, and in 1914 and every sixth year thereafter, 
one of the common pleas judges to be elected at said times 
shall be elected as a judge of the court of common pleas. 

21 



Courts having 
powers and 
jurisdiction 
under this 
chapter. 



Juvenile court 
defined. 



Provisions do 
not apply to 
Hamilton 
county; di- 
vision of 
domestic re- 
lation and 
juvenile work. 



22 JUVENILE COURT. 

division of domestic relation. To him shall be assigned all 
juvenile court work arising under this chapter, and all 
divorce and alimony cases, and whenever said judge of the 
court of common pleas, division of domestic relations, shall 
be sick, absent or unable to perform his duties, the presid- 
ing judge of the common pleas court shall assign another 
common pleas judge to perform his duties during his illness, 
absence or indisposition. (104 v. 176.) 

The federal court cannot adjudge that the juvenile act (Gen. Code 
Ohio, Sec. 1639-1683) regulating the treatment and control of delinquent chil- 
dren, and giving the juvenile court jurisdiction over delinquent children, is 
invalid because it does not provide for a jury trial, since the privileges and 
immunities of a citizen do not include the right to a jury trial in a state 
court. 196 F. 125. 

This act is constitutional; and the probate judge may be designated to 
act as judge of the juvenile court: Travis v. State, 12 O. C. C. (N, S.) 374, 
21 O. C. D. 492. 

1. The act of April 16, 1906, establishing juvenile courts and establish- 
ing procedure therein, does not contravene any of the provisions of the state 
Constitution, 

2. In counties where three or more common pleas judges regularly hold 
court concurrently it is competent under section 548-361 that the probate judge 
should be designated to perform all the duties pertaining to the office of judge 
of the juvenile court. 12 O. C. C. (IV. S.) 374. 

Sec. 548-361 cited in 12 O. C. C. above was repealed in 99* v. 192 and in 
substance re-enacted as Sec. 1639. 

The only costs chargeable under the Mother's Pension Act 
are those incident to the hearing motion provided for under Sec- 
tion 1683-8, General Code. 

The fees in such proceedings as are provided by law for 
services in the court, the Judge of which is exercising the juvenile 
jurisdiction at the time, may be taxed as costs in such proceedings. 
Such costs cannot be paid out of the county treasury. In the 
event that they are not paid by the contestor, as provided in Sec- 
tion 1683-8, they must go unpaid. — Attorney General, Opinion No. 
1063, July 20, 1914. 

Seal, Section 1640. The seal of the court, the judge of 

which is designated to transact such business, shall be at- 
tached to all writs and processes. (99 v. 192.) 

Appearance SeCTION 164I. The clcrk Of the COUrt of the judge ex- 

docket and ercising the jurisdiction shall keep an appearance docket 
journa. ^^^ ^ joumal, in the former of which shall be entered the 

style of the case and a minute of each proceeding and in the 
latter of which shall be entered all orders, judgments and 
findings of the court. (99 v. 192.) 

Jurisdiction. SECTION 1 642. Such courts of commou pleas, probate 

courts, insolvency courts and superior courts within the 
provisions of this chapter shall have jurisdiction over and 
with respect to delinquent, neglected and dependent minors, 
under the age of eighteen years, not inmates of a state in- 
stitution, or any institution incorporated under the laws 
of the state for the care and correction of delinquent neg- 
lected and dependent children, and their parents, guardians, 
or any person, persons, corporation or agent of a corpora- 
tion, responsible for, or guilty of causing encouraging, aid- 
ing, abetting or contributing toward the deliquency, neg- 
lect or dependency of such minor, and such courts shall 
have jurisdiction to hear and determine any charge or 
prosecution against any person, persons, corporations, or 



JUVENILE COURT. 23 

their agents, for the commission of any misdemeanor in- 
volving the care, protection, education or comfort of any 
such minor under the age of eighteen years. (103 v. 864.) 

The jurisdiction of the juvenile court extends to delinquent 
and dependent children who are inmates of all institutions except 
state institutions and incorporated institutions. 

Jurisdiction of the juvenile court, when once acquired, con- 
tinues until said child reaches its majority, unless said court com- 
mits it to a state institution, in which case control of the child is 
transferred to the respective state authorities. 

When a child inmate which has been committed to an insti- 
tution other than those above excepted, becomes incorrigible or 
delinquent, the juvenile court has power in renewed proceedings 
or probably in the exercise of its continuing jurisdiction, to commit 
said child to another institution, state or otherwise. 

If, in the judgment of the court, the care betsowed upon an 
inmate by any institution other than a state institution is deficient 
or detrimental to the child, said court may recommit said child 
to another institution. 

In accordance with the above principles, the court, after 
having committed a dependent child to a city house of refuge, 
may when such child develops incorrigibility, commit him to the 
boys' industrial home. — Attorney General, 1912, p. 926. 

Section 1643. When a child under the age of eighteen vvhen juris- 
years comes into the custody of the court under the pro- diction 
visions of this chapter, such child shall continue for all 
necessary purposes of discipline and protection, a w^ard of 
the court, until he or she attain the age of tv^enty-one 
years. The power of the court over such child shall con- 
tinue until the child attains such age. (103 v. 864.) 

In a prosecution of a minor under 17 years for being a "delinquent 
child" and "guilty of immoral conduct" as described by General Code 1644, 
evidence that complainant has a bad reputation or has been guilty of immoral 
conduct is not admissible, the purpose of the law being reformatory rather 
than retaliatory: State v. Hawkins, 56 Bull. 166. 

"Delinquent child" was defined with sufficient accuracy under a former 
statute (98 v. 314) : Travis v. State, 12 O. C. C. (N. S.) 374, 21 O. C. D. 492. 

See Section 1642 for attorney general opinion. 

As the statutes do not go further than to authorize the 
probate' courts to commit juvenile delinquents to institutions or 
reputable citizens within this state, a probation officer may not 
be allowed his expenses for transporting a minor under direction 
of probate court to a home outside of the state. — Attorney 
General, 1911-1912, p. 1181. 

The statutes do not authorize the payment from the county 
treasury of the expenses of transporting juvenile delinquents to 
relatives outside of the state. 

Section 1682 authorizing expenses in such cases is confined 
to the transportation of such children to institutions or citizens 
within this state. Attorney General, 1911-1912, p. 1003. 

1. The trustees of the county children's home cannot refuse 
to receive a child committed by the juvenile court to such home, 
unless such child so presented for admission is afflicted with an 
infectious or contagious disease. 

2. The trustees of a children's home have the right to accept 
through arrangement with parents children for temporary care 
and custody. 

3. In the commitment of a child to the children's home by 

the juvenile court, the trustees of the institution are immediately , 

vested with the guardianship and control of the child subject to 

the continuing jurisdiction of the juvenile court for the purpose 
of discipline and protection. 



24 JUVENILE COURT. 

4. A dependent child of parents resident of the county, both 
of which parents have died, is eligible for admission to the county 
children's home, although such child is not yet one year of age. 
Section 3089, General Code, providing that the child should have 
resided in the county not less than one year not being one made 
for the purpose of placing a limitation upon the age of the child, 
but for the purpose of establishing residence. 

5. The board of trustees have the legal right, to enter into 
a contract v^^ith proper families to board and care for a child of 
tender years, when such children's home is not properly equipped 
to care for such children. — Attorney General, Opinion No. 9G9, 
June 6, 1914. 

The juvenile court can, at its pleasure, recall a child previ- 
ously committed by it to a children's home, without any specific 
instructions as to future disposition of such child. 

The juvenile court which has committed a child to the chil- 
dren's home, can recall such child after it has been placed in a 
foster home by the trustees, under Section 3100, General Code. 

The trustees of county children's homes may remove a child 
from a foster home without giving any cause for such removal 
to the foster parents. — Attorney General, Opinion No. 1345, De- 
cember 30, 1914. 



defined. 



"Delinquent SECTION 1 644. For tlic purposc of this chapter, the 

a^I^^I'a words "Delinquent child" includes any child under eighteen 

years of age who violates a law of this state, or a city or 
village ordinance, or who is incorrigible; or who knowingly 
associates with thieves, vicious or immoral persons ; or who 
is growing up in idleness or crime ; or who knowingly visits 
or enters a house of ill repute ; or who knowingly patronizes 
or visits a policy shop or place where any gambling device 
or gambling scheme is, or shall be, operated or conducted ; 
or who patronizes or visits a saloon or dram shop where 
intoxicating liquors are sold; or who patronizes or visits 
a public pool or billiard room or bucket shop ; or who wan- 
ders about the streets in the night time; or who wanders 
about railroad yards or tracks, or jumps or catches on to a 
moving train, traction or street car, or enters a car or en- 
gine without law^ful authority, or who uses vile, obscene, 
vulgar, profane or indecent language, or who is guilty of 
immoral conduct; or who uses cigarettes, cigarette wrap- 
per or substitute for either, or cigars, or tabacco ; or who 
visits or frequents any theater, gallery, penny arcade or 
moving picture show where lewd, vulgar or indecent pic- 
tures, exhibitions or performances are displayed, exhibited 
or given, or who is an habitual truant; or who uses any in- 
jurious or narcotic drug. A child committing any of the 
acts herein mentioned shall be deemed a juvenile delinquent 
person, and be proceeding against in the manner hereinafter 
provided. (106 v. 458.) 

1. _ The trustees of the county children's home cannot refuse 
to receive a child committed by the juvenile court to such home, 
unless such child so presented for admission is afflicted with an 
infectious or contagious disease. 

2. The trustees of a children's home have the right to accept 
through arrangement with parents children for temporary care 
and custody. 

3. In the commitment of a child to the children's home by 
the juvenile court, the trustees of the institution are immediately 



JUVENILE COURT. 2$ 

vested with the guardianship and control of the child subject to 
the continuing jurisdiction of the juvenile court for the purpose 
of discipline and protection. 

4. A dependent child of parents resident of the county, both 
of which parents have died, is eligible for admission to the county 
children's home, although such child is not yet one year of age. 
Section p089, General Code, providing that the child should have 
resided in the county not less than one year not being one made 
for the purpose of placing a limitation upon the age of the child, 
but for the purpose of establishing residence. 

5. The board of trustees have the legal right, to enter into 
a contract with proper famihes to board and care for a child of 
tender years, when such children's home is not properly equipped 
to care for such children. — Attorney General, Opinion No. 969, 
June 6, 1914. 

Charging accused with unlawfully aiding, encouraging and contributing 
to the delinquency of a female minor child and stating acts, means and 
methods of causing delinquency, states offense: Fisher v. State, 84 O. S. 360. 

Evidence of complainant's immoral conduct inadmissible in prosecution 
against delinquent: State v. Hawkins, 56 Bull. 166. 

"Dependent child" defined with sufficient accuracy under the former 
statute: Travis v. State, 12 O. C. C. (N. S.) 374, 21 O. C. D. 492. 

In prosecution of a minor under seventeen, as prescribed by this sec- 
tion, evidence of complainant's bad reputation or immoral conduct is not 
admissible: State v. Hawkins, 56 Bull. No. 156. 

Section 1645. Fo^ the purpose of this chapter, the "Dependent 
words ''dependent child" shall mean any child under eight- Jg^jjjfjj 
een years of age who is dependent upon the pubhc for 
support ; or who is destitute, homeless or abandoned ; or 
who has not proper parental care or guardianship ; or who 
begs or receives alms ; or who is given away or disposed 
of in any employment, service, exhibition, occupation or 
vocation contrary to any law of this state; who is found 
living in a house of ill fame, or with any vicious or dis- 
reputable persons or whose home, by reason of neglect, 
cruelty or depravity on the part of its parent; step-parent 
guardian or other person in whose care it may be, is an 
unfit place for such child ; or who is prevented from receiv- 
ing proper education because of the conduct or neglect of 
its parent, step-parent, guardian or other person in whose 
care it may be ; or whose environment is such as to warrant 
the state, in the interest of the child, in assuming its guar- 
dianship. (106 V. 458.) 

Section 1646. A child within the provisions of this "Proper pa- 
chapter whose parents, step-parents or guardian permits it jefii^ed '^^^^" 
to use or become addicted to the use of tobacco, or in- 
toxicating liquors as a beverage and not for medicinal pur- 
poses, or any injurious or narcotic drug, or whose parents 
or guardian rears, keeps or permits it in or about a saloon 
or place where intoxicating liquors are sold, or a gambling 
house or place where gambling is practiced or carried on, 
or a house of ill fame, or ill repute, shall be deemed to be 
without proper parental care or guardianship. The word 
''child" or "children" may mean one or more children and 
includes males and females. The word "parent" may mean 
one or both parents or step-parents when consistent with 
the intent of this chapter. The word "minor" means 
child. (103 v. 864.) 



26 JUVENILE COURT. 

Who may file SectIon 1 647. Any pcFson having knowledge of a 

complaint. minor under the age of eighteen years who appears to be 

either a dehnquent, neglected or dependent child, may file 
with such juvenile court a complaint, sworn to, which may 
be upon information and belief, and for that purpose such 
complaint shall be sufficiently definite by using the word 
delinquent, or dependent, as the facts may be. (103 v. 

864.) 

Citation, war- SECTION 1648. Upou filing of the the Complaint, a 

[empt *^°" citation shall issue, requiring such minor to appear, and the 

parents or guardian or other person, if any, having custody 
or control of the child or with whom it may be, to appear 
with the minor at a time and place to be stated in the cita- 
tion; or the judge may in the first instance, issue a war- 
rant for the arrest of such minor or for any person named 
in the complaint and charged therein with having abused 
or abandoned, or charged therein with neglect of or being 
responsible for or having encouraged, aided or abetted the 
delinquency or dependency of such child, or having acted 
in a way tending to cause delinquency in such child. A 
parent, step-parent, guardian or other person not cited may 
be subpoenaed to appear and testify at the hearing. Any 
one cited or subpoenaed to appear who fails to do so, may 
be punished as in other cases in the common pleas court 
for contempt of court. Whenever it shall appear from 
affidavit that a parent or guardian or other person having 
the custody of such child resides or has gone out of 
the state or that his or her place of residence is unknown 
so that such citation cannot be served on him or her. the 
clerk shall cause such citation to be published once in a 
newspaper of general circulation throughout the county, 
and published in the county, if there be one so published. 
The citation shall state the nature of the complaint, and 
the time and place of the hearing, which shall be held at 
least two weeks later than the date of the publication ; and 
a copy of such citation shall be sent by mail to the last 
known address of such parent, guardian or other person 
having custody of such child, unless said affidavit, shows 
that a reasonable efifort has been made without success to 
ascertain such address. The certificate of the clerk that 
such publication has been made or such citation mailed 
shall be sufficient evidence thereof. Until the time for the 
hearing arrives, the court shall make such temporary dis- 
position of such child as it may deem best. When said 
period of two weeks from the time of publication shall 
have elapsed, said court shall have full jurisdiction to deal 
with such child as provided by this chapter. When a per- 
«:on char"^ed with violating a provision of this chapter shall 
have fled from justice in this state, such judee shall have nil 
the powers of a magistrate under the laws of this <=:tnte re- 
lating to fut'-jtives from iustice. (jot, v. 864.^ 

In publishing citations for non-resident parents that come 
into invenile court as provided in Section 1648. General Code, the 



JUVENILE COURT. 27 

language of the statute should be followed and the citation rather 
than an abstract of its contents, and the time and place of the 
hearing should be published. — Attorney General, 1913, p. 1711. 

Section 1648-1. In any case where a child under Provision to 
the age of eighteen years is arrested with or without a war- avoid incar- 
want, in order to avoid the incarceration of such child, if 
practicable, the officer so arresting, unless otherwise or- 
dered by the court, shall accept the written promise of the 
parent, guardian or other person with whom such child re- 
sides, or any other reputable person, to be responsible for 
the presence of said child in the proper court at the time 
and place when such child is to appear, and at any other 
time to which the hearing in the case may be continued or 
adjourned by the court. Nothing herein contained shall be 
construed to prevent the admitting -of such child to bail, 
in accordance with the general provisions of the crimes act. 
(103 V. 864.) 

Section 1649. The county commissioners shall pro- special room 
vide a special room not used for the trial of criminal cases, court"^^"''^ 
when avoidable, for the hearing of juvenile cases. (99 v. 
I94-) 

Section 1650. On the day named in the citation or Hearing, 
upon the return of the warrant of arrest, or as soon there- 
after as may be, the judge shall proceed, in a summary 
manner to hear and dispose of the case, and the person ar- 
rested or cited to appear may be punished in the manner 
hereinafter provided. (99 v. 194.) 

Section 165 i. Any person charged with violating: jury trial; 
any of the provisions of this chapter or being responsible ^°^^^- 
for or with causing, aiding or contributing to the delin- 
quency, dependency or neglect of a child, or with acting i;i 
a way tending to cause delinquency in a child, arrested or 
cited to appear before such court, at any time before hear- 
ing, may demand a trial by jury, or the judge upon his own 
motion may call a ji-iry. The statutes relating to the draw- 
ing and impaneling of jurors in criminal cases in the court 
of common pleas, other than in capital cases, shall apply 
to such jury trial. The compensation of jurors and costs 
of the clerk and sheriff shall be taxed and paid as in crim- 
inal cases in the court of common plea. (103 v. 864.) 



Section 1652. In case of a delinquent child the judge 
may continue the hearing from time to time, and may com- 
mit the child to the care or custody of a probation officer, 
and may allow such child to remain at its own home, sub- 
ject to the visitation of the probation officer or otherwise, 
as the court may direct, and subject to be returned to the 
judge for further or other proceedings whenever such ac- 
tion may appear to be necessary; or the judge may cause 
the child to be placed in a suitable family home subject to 
the friendly supervision of a probation officer, and the fur- 



Commitment. 



28 JUVENILE COURT. 

ther order of the judge, or he may authorize the child to be 
boarded in some suitable family home in case provision be 
made by voluntary contribution or otherwise for the pay- 
ment of the board of such child, until suitable provision 
be made for it in a home without such payment; or the 
judge may commit such child, if a boy, to a training school 
for boys, or, if a girl, to an industrial school for girls, or 
commit the child to any institution within the county that 
may care for delinquent children, or be provided by a city 
or county suitable for the care of such children. In no 
case shall a child, committed to such institutions, be con- 
lined under such commitment after attaining the age of 
twenty-one years; or the judge may commit the child to 
the care and custody of an association that will receive it, 
embracing in its objects, the care of neglected or dependent 
children, if duly approved by the board of state charities, 
as provided by law. Where it appears at the hearing of a 
male dehnquent child, that he is i6 years of age, or over, 
and has committed a felony, the juvenile ocurt may com- 
mit such child to the Ohio state reformatory. (103 v. 

864.) 

The juvenile court can, at its pleasure, recall a child previ- 
ously committed by it to a children's home, v^ithout any specific 
instructions as to future disposition of such child. 

The juvenile court w^hich has committed a child to the chil- 
dren's home, can recall such child after it has been placed in a 
foster home by the trustees, under Section 3100, General Code. 

The trustees of county children's homes may remove a child 
from a foster home without giving any cause for such removal 
to the foster parents. — Attorney General, Opinion No. 1345, Dec. 
30, 1914. 

1. The trustees of the county children's home cannot refuse 
to receive a child committed by the juvenile court to such home, 
unless such child so presented for admission is afflicted with an 
infectious or contagious disease. 

2. The trustees of a children's home have the right to accept 
through arrangement with parents children for temporary care 
and custody. 

3. In the committment of a child to the children's home by 
the juvenile court, the trustees of the institution are immediately 
vested with the guardianship and control of the child subject to 
i"he continuing jurisdiction of the juvenile court for the purpose of 
discipline and protection. 

4. A dependent child of parent resident of the county, both 
of which parents have died, is eligible for admission to the county 
children's home, although such child is not yet one year of age. 
Section 3089, General Code, providing that the child should have 
resided in the county not less than one year not being one made 
for the purpose of placing a limitation upon the age of the child, 
but for the purpose of establishing residence. 

5. The board of trustees have the legal right, to enter into 
a contract with proper families to board and care for a child of 
tender years, when such children's home is not properly equipped 
to care for such children. — Attorney General, Opinion No. 969, 
June 6, 1914. 

When a boy is committed to the Boy's Industrial School by 
the juvenile court, the jurisdiction of the juvenile court ceases 
and such boy can only be released from the Industrial School by 
the Board of Administration, upon the recommendation of the 
superintendent. 



JUVENILE COURT. 



29 



If the juvenile court desires to grant a rehearing in the case 
of a boy committed to the Boys' Industrial School, it must do so 
within the time laid down by the rule of the court provided the 
same is within the term at which the boy was committed. — 
Attorney General, Opinion No. 1377, Jan. 6, 1915. 

Section i 652-1. Every child coming within the pro- Examination 
visions of this chapter, and by virtue of its provisions is phys'ickm^''"* 
committed to any institution, may be subjected to a phys- 
ical and mental examination by a competent physician, or 
physicians, to be appointed by the juvenile court, and the 
physician so appointed shall certify the condition in which 
he finds such child, a copy of which certifiate shall be sent 
to the institution, or person to whom it is committed. The 
boys' industrial school, the girls' industrial school and other 
penal institutions of the state shall provide separate quar- 
ters for any such child so certified as having a contagious 
or infectious disease. The juvenile court shall tax as part 
of the costs, a reasonable fee for such examination. (103 
V. 864.) 

Section 1653. "When a minor under the age of eight- Commitment 
een years, or any ward of the court under this chapter, is 0° s!lkabie°" 
found to be dependent or neglected, the judge may make person, 
an order commiting such child to the care of the children's 
home if there be one in the county where such court is 
held, if not, to such a home in another county, if willing 
to receive such child, for which the county commissioners 
of the county in which it has a settlement, shall pay reason- 
able board; or he may commit such child to the board of 
state charities or to some suitable state or county institu- 
tion, or to the care of some reputable citizen of good moral 
character, or to the care of some training school or an in- 
dustrial school, as provided by law, or to the care of some - 
association willing to receive it, which embraces within its 
objects the purposes of caring for or obtaining homes 
for dependent, neglected or delinquent children or any of 
them, and which has been approved by the board of state 
charities as provided by law. When the health or condi- 
tion of the child shall require it, the judge may cause the 
child to be placed in a public hospital or institution for 
treatment or special care, or in a private hospital or insti- 
tution which will receive it for like purposes without 
charge. The court may make an examination regarding 
the income of the parents or guardian of a minor committed 
as provided by this section and may then order that such 
parent or guardian pay the institution or board to which 
the minor has been committed reasonable board for such 
minor, which order, if disobeyed, may be enforced by at- 
tachment as for contempt. (103 v. 864.) 

As the statutes do not go further than to authorize the 
probate courts to commit juvenile delinquents to institutions or 
reputable citizens within this state, a probation officer may not 
be allowed his expenses for transporting a minor under direction 
of probate court to a home outside of the state. — Attorney 
General, 1911-1912, p. 1181. 



30 



JUVENILE COURT. 



Age limita- 
tions. 



Penalty for 
abuse or aid- 
ing and 
abetting de- 
linquency. 



The statutes do not authorize the payment from the county 
treasury of the expenses of transporting juvenile delinquents to 
relatives outside of the state. 

Section 1682 authorizing expenses in such cases is confined 
to the transportation of such children to institutions or citizens 
within this stsite. — Attorney General, 1911-1912, p. 1003. 

The jurisdiction of the juvenile court extends to delinquent 
and dependent children who are inmates of all institutions except 
state institutions and incorporated institutions. 

Jurisdiction of the juvenile court, when once acquired, con- 
tinues until said child reaches its majority, unless said court 
commits it to a state institution, in which case control of the 
child is transferred to the respective state authorities. 

When a child inmate which has been committed to an insti- 
tution other than those above excepted, becomes incorrigible or 
delinquent, the juvenile court has power in renewed proceedings 
or probably in the exercise of its continuing jurisdiction, to commit 
said child to another institution, state or otherwise. 

If, in the judgment of the court, the care bestowed upon an 
inmate by any institution other than a state institution is deficient 
or detrimental to the child said court may recommit said child 
to another institution. 

In accordance with the above principles, the court, after 
having committed a dependent child to a city house of refuge, 
may, when such child develops incorrigibility, commit him to the 
boys' industrial home. — Attorney General, 1912, p. 926. 

Section i 653-1. The provisions of section 1652 shall 
not apply to the girls' industrial school or the boys' in- 
dustrial school, so far as the same allowjs the commit- 
ment of a child under ten years or over eighteen years of 
age to such institution. In.no case shall a child found to 
be a dependent or neglected child be committed to such in- 
stitution, nor shall any child under ten years or over eight- 
een years of age, be committed to such schools except as 
provided in section 21 11 of the General Code. (103 v. 

864.) 

Section 1654. Whoever abuses a child or aids, abets, 
induces, causes, encourages or contributes toward the de- 
pendency, neglect or delinquency, as herein defined, of a 
minor under the age of eighteen years, or acts in a way tend- 
ing to cause delinquency in such minor, shall be fined not 
less than ten dollars, nor more than one thousand dollars 
or imprisoned not less than ten days nor more than one 
year, or both. Each day of such contribution to such de- 
pendency, neglect or delinquency, shall be deemed a sep- 
arate ofi'ense. If in his judgment it is for the best interest 
of a delinquent minor, under the age of eighteen years, the 
judge may impose a fine upon such delinquent not exceed- 
ing ten dollars, and he may order such person to stand com- 
mitted until fine and costs are paid. (103 v. 864.) 

An affidavit charging that F. on or about the 1st day of March, 1909, 
and at divers other days and times between that date and the 1st day of 
April, 1910, did unlawfully, aid, abet, induce, cause, encourage and contribute 
to the delinquency of L. S., a female, minor child, and further stating the 
acts, means and methods by which he contributed to such delinquency, states 
an offense under the provisions of this section, and is not bad for duplicity: 
Fisher v. State, 81 O. S. 360. 

Delinquency must be an existing condition, to which all persons aiding 
or contributing may be held amenable under this section: State v. Hawkins, 
56 Bull. 166. 

The crime as charged in this affidavit is in its nature a continuing one. 
It is predicated upon the fact that S. is a "delinquent child", and that fact is 



JUVENILE COURT, 

the first one necessary to be proven, for it is only when she, by his aid 
inducement, and encouragement has become a "delinquent" within the mean- 
ing of Sec. 1644, Gen. Code, that the crime of contributing to her delinquency 
is complete. * * ♦ This defendant might have committed numerous acts 
that would tend to contribute to her delinquency, yet if these facts failed in 
their purpose, he would not be guilty of an offense within the prohibition of 
Section 1654, Gen. Code. Jt is only when by his aid, inducement and encour- 
agement she has become a "delinquent" within the meaning of the statute 
that the crime of contributing to her delinquency is complete. (Ibid.) 

Delinquency for which a minor under seventeen years may be prose- 
cuted must be an existing condition, to which all persons aiding, abetting or 
contributing may be held amenable under General Code 1654 there being no 
limitation on account of age, sex or moral condition: State v. Hawkins, 56 
Bull. 166. 



31 



Section 1655. Whoever is charged by law with the Failure or 
care, support, maintenance or education of a minor under "egiect to 

,1 c • 1 i I'll support; 

the age of eighteen years, and is able to support or con- penalty, 
tribute toward the support or education of such minor, 
fails, neglects, or refuses so to do, or who abandons such 
minor, or who unlawfully beats, injures, or otherwise ill 
treats such minor, or causes or allows him or her to engage 
in common begging, upon complaint filed in the juvenile 
court, as provided in this chapter, shall be fined not less 
than ten dollars, nor more than five hundred dollars, or im- 
prisoned not less than ten days nor more than one year, 
or both. Such neglect, non-support, or abandonment shall . 
be deemed to have been committed in the county in which 
such minor may be at the time of such neglect, non-sup- 
port, or abandonment. Each day of such failure, neglect, 
or refusal shall constitute a separate offense, and the judge 
may order that such person stand committed until such 
fines and costs are paid. (103 v. 864.) 

Under a former statute (94 O. L. 105, Bates, No. 1340-2) a non-resident 
parent was not within its provisions: State v. Ewers, without report, 76 
O. S. 563. 

Under the act in its present form (see also G. C. 13011) a non-resident 
parent may be prosecuted for non-support: State v. Sanner, 81 O. S. 393. 



'revisions in 



Section 1656. When a person is convicted and sen- p, 
tenced under this chapter for the abandonment of, or for ^ase^ of work- 
the neglect of, or failure to maintain or support a minor, to tence. 
imprisonment in a workhouse, the county from which such 
prisoner is so sentenced, shall pay from the general revenue 
fund fifty cents, for each day such prisoner is so confined, 
to the chief probation officer of such county, to be by him 
expended, under the direction of the judge, for the main- 
tenance of the dependent minors of such prisoner, of which 
expenditure such officer shall make monthly reports to the 
judge. The county commissioners of such county shall 
make the allowances herein provided for, which shall be 
paid by the county treasurer from the county treasury upon 
the warrant of the county auditor in favor of such proba- 
tion officer. (103 V. 864.) 



Section 1657. Pending final disposition of a case, 
the judge may commit any person arrested or cited to ap- 
pear, except the minor under fourteen years of age, to the 
county jail until the case is disposed of, but such trial shall 
be commenced within four days of such commitment unless 
upon the request of the defendant. Pending final dispo- 



Commitment 
to county 
jail, etc. 



32 



JUVENILE COURT. 



Citation or ar- 
rest ordered 
after hearing. 



Transfer of 
case to ju- 
venile court. 



Writs, to 
whom issued. 



Expense; how 
paid. 



Probation offi- 
cers; appoint- 
ment, com- 
pensation. 



sition, the judge may direct that the minor in question be 
left in the possession of the person having charge of him, 
or that he be kept in some suitable place provided by the 
county or city authorities. (99 v. 196 § 17.) 

Section 1658. If it appear upon the hearing that any 
person not cited to appear, has probably abused or has 
aided, induced, caused, encouraged, or contributed to the 
dependency, neglect or delinquency of a minor under the 
age of eighteen years, or acted in a way tending to cause 
delinquency in such minor, or that a person, charged by 
law, with the care, support, education and maintenance of 
any minor, has abandoned, failed, refused, or neglected, 
being able to do so, to support, or sufficiently contribute 
toward the support, education and maintenance of such 
minor, the judge may order such person to be cited to ap- 
pear at a subsequent day, or may issue a warrant to arrest 
such person as hereinbefore provided, and upon citation, 
warrant and hearing the same proceedings may be had as 
in the first instance. (103 v. 864.) 

Section 1659. When a minor under the age of eight- 
een years is arrested, such child, instead of being taken be- 
fore a justice of the peace or police judge, shall be taken 
directly before such juvenile judge; or, if the child is 
taken before a justice of the peace or a judge of the police 
court, it shall be the duty of such justice of the peace or 
such judge of the police court, to transfer the case to the 
judge exercising the jurisdiction herein provided. The 
officers having such child in charge shall take it before such 
judge, who shall proceed to hear and dispose of the case 
in the same manner as if the child had been brought before 
the judge in the first instance. (103 v. 864.) 

Section 1660. The summons; warrants, citations, 
subpoenas and other writs of such judge may issue to a pro- 
bation officer of any such court or to the sheriff of any 
county, and the provisions of law relating to the subpoena- 
ing of witnesses in criminal cases shall apply in so far as 
they are applicable. (103 v. 864. ) 

Section 1661. When a summons or warrant is is- 
sued to any such officer, the expense in pursuing and bring- 
ing the person named therein, before such judge, shall be 
paid by the county in the manner prescribed by law for the 
payment of deputies, assistants and other employes of 
county officers. (103 v. 864.) 

Section 1662. The judge designated to exercise 
jurisdiction may appoint one or more discreet persons of 
good moral character, one or more of whom may be 
women, to serve as probation officers, during the pleasure 
of the judge. One of such officers shall be known as chief 
probation officer and there may be first, second and third 
assistants. Such chief probation officer and the first, sec- 



JUVENILE COURT. 33 

ond and third assistants shall receive such compensation as 
the judge appointing them may designate at the time of 
the appointment, but the compensation of the chief proba- 
tion officer shall not exceed twenty-five hundred dollars 
per annum, that of the first assistant shall not exceed 
twelve hundred dollars per- annum, and of the second and 
third shall not exceed one thousand dollars per annum, each 
payable monthly. The judge may appoint other probation 
officers, with or without compensation, but the entire com- 
pensation of all probation officers in any county shall not 
exceed the sum of forty dollars for each full thousand in- 
habitants of the county at the last preceding federal census. 
The compensation of the probation officers shall be paid 
by the county treasurer from the county treasury upon the 
warrant of the county auditor, which shall be issued upon 
itemized vouchers sworn to by the probation officers and 
certified to by the judge of the juvenile court. The county 
auditor shall issue his warrant upon the treasury and the 
treasurer shall honor and pay the same, for all salaries, 
compensation and expenses provided for in this act, in 
the order in which proper vouchers therefor are presented 
to him. (103 V. 864.) 

A humane society agent may also be appointed to act as 
probation officer of the juvenile court. — Attorney General, Opinion 
No. 818, March 23, 1914. 

The appointment of John Weinig as special court constable 
in the juvenile court, Hamilton County^ Ohio, as evidenced by the 
records of the entries filed and entered in the court of common 
pleas of Hamilton County, Ohio, was in all respects valid, and 
all questions with reference to the particular services to be 
rendered by the appointee should be determined by the court 
itself. — Attorney General, Opinion No. 823, March 18, 1914. 

Section 1663. When a complaint is made or filed Duties and 
against a minor, the probation officer shall inquire into and poAvers of pro- 
make examination and investigation into the facts and 
circumstances surrounding the alleged delinquency, neglect, 
or dependency, the parentage and surroundings of such 
minor, his exact age, habits, school record, and every fact 
that will tend to throw light upon his life and character. 
He shall be present in court to represent the interests of 
the child when the case is heard, furnish to the judge 
such information and assistance as he may require, and 
take charge of any child before and after the trial as the 
judge may direct. He shall serve the warrants and other 
process of the court within or without the county, and in 
that respect is hereby clothed with the powers and authority 
of sheriffs. He may make arrests without warrant upon 
reasonable information or upon view of the violation of 
any of the provisions of this chapter, detain the person so 
arrested pending the issuance of a warrant, and perform 
such other duties, incident to their offices, as the judge 
directs. All sheriffs, deputy sheriffs, constables, marshals 
and police officers shall render assistance to probation 

3 s. I.. 



34 



JUVENILE COURT. 



Prosecuting 
attorney, duty 
of. 



Bail. 



Suspension 
of sentence. 



Forfeit of 
bond. 



Error pro- 
ceedings. 



Findings, not 
lawful evi- 
dence. 



officers, in the perf rrnance of their duties, when requested 
so to do. (99 V. 198 § 23.) 

A humane society agent may also be appointed to act as 
probation officer of the juvenile court. — Attorney General Opinion 
No. 818, March 23, 1914. 

Sectioin 1664. Oi^ the request of the judge exercis- 
ing such jurisdiction, the prosecuting attorney of the county 
shall prosecute all persons charged with violating any of 
the provisions of this chapter. (99 v. 198 § 24.) 

Section 1665. The provisions of law relating to bail 
in criminal cases in the common pleas court shall apply 
to persons committed or held under the provisions of this 
chapter so far as they are applicable. (99 v. 198 § 25.) 

Section 1666. In every case of conviction and where 
imprisonment is imposed as part of the punishment, such 
judge may suspend sentence upon such condition as he im- 
poses. (99 V. 198 § 26.) 

Section 1667. When, as a condition of suspension 
of sentence, bond is required and given, upon the failure of 
a person giving such bond to comply with the terms and 
conditions thereof, such bond may be forfeited, the sus- 
pension terminated by the judge, the original sentence ex- 
ecuted as though it had not been suspended, and the term 
of any jail or workhouse sentence imposed in such case 
shall commence from the date of imprisonment of such 
person after such forfeiture and termination of suspension. 
Any part of such sentence which may theretofore have been 
served, shall be deducted from any such period of impris- 
onment. (99 V. 198 § 27.) 

Section. 1668. The provisions of the law relating to 
error proceedings from the court of common pleas, includ- 
ing the allowance and signing of bills of exceptions shall 
apply to prosecutions of persons over eighteen years of 
age under this chapter, and from the judgment of a judge 
of the court of common pleas in such prosecutions error 
may be prosecuted to the circuit court of the county under 
laws governing prosecution of proceedings in error in 
other criminal cases to such circuit court ; and from the 
judgment of a judge of the probate court in such prosecu- 
tion, error may be prosecuted to the common pleas court 
of the county under the laws governing prosecution of pro- 
ceedings in error from the probate court to the court of 
common pleas. A petition in error shall not be filed either 
in the circuit court or court of common pleas except upon 
good cause shown, upon motion and notice to the prose- 
cuting attorney, as in civil cases, or unless such motion is 
allowed by such courts. (103 v. 864.) 

Section 1669. The disposition of, or any order, 
judgment, or finding against a child under this chapter, or 
any evidence, given in any proceeding thereunder, shall not 



JUVENILE COURT. 



35 



in any civil, criminal or other cause or proceeding whatever 
in any court, be lawful or proper evidence against such 
child for any purpose whatever, except in subsequent cases 
herein against the same child. (99 v. 199 § 29.) 

Section 1670. Upon the advice and recommendation Detention 
of the judge exercising the jurisdiction provided herein, ^°^^i-^l^^^ 
the county commissioners shall provide by purchase or and con- 
lease, a place to be known as a ''detention home" within a "*^^^^" 
convenient distance of the court house, not used for the 
confinement of adult persons charged with criminal of- 
fenses, where delinquent, dependent or neglected minors 
under the age of eighteen years may be detained until final 
disposition, which place shall be maintained by the county 
as in other like cases. In counties having a population in 
excess of forty thousand, the judge may appoint a super- 
intendent and matron who shall have charge of said home, 
and of the delinquent, dependent and neglected minors de- 
tained therein. Such superintendent and matron shall be 
suitable and discreet persons; qualified as teachers of chil- 
dren. Such home shall be furnished in a comfortable man- 
ner as nearly as may be as a family home. So far as pos- 
sible delinquent children shall be kept separate from de- 
pendent children in such home. The compensation of the 
superintendent and matron shall be fixed by the county 
commissioners. Such compensation and the expense of 
maintaining the home shall be paid from the county treas- 
ury upon the warrant of the county auditor, which shall 
be issued upon the itemized voucher, sworn to by the super- 
intendent and certified by the judge. In all such homes the 
sexes shall be kept separate, so far as practicable. (103 v. 

864.) 

Section 1671. When such detention home is provided 
by the county commissioners, and upon such home being 
recommended by the judge, the commissioners shall enter 
an order on their journal transferring to the proper fund 
from any other fund or funds of the county, in their dis- 
cretion, such sums as may be necessary to purchase or lease 
such home arid properly furnish and conduct it and pay the 
compensation of the superintendent and matron. The com- 
missioners shall likewise upon the appointment of probation 
officers, transfer to the proper fund from any other fund 
or funds of the county, in their discretion, such sums as 
may be necessary to pay them, and such transfers shall be 
made upon the authority of this chapter. At the next tax 
levying period, provision shall be made for the expenses 
of the court. (99 v. 199 § 30.) 

Section 1672. If the court awards a child to the care vv^en child 
of an association, corporation or individual, in accordance becomes a 
with these provisions, unless otherwise ordered, the child 
shall become a ward, and be subject to the guardianship of 
such association, corporation or individual. Such associa- 
tion, corporation or individual may place such child in 



Expenses 
detention 
home. 



of 



36 



JUVENILE COURT. 



Agreement 
with incorpo- 
rated institu- 
tion for care 
of child. 



Agent of cer- 
tain institu- 
tions; duties 
of. 



a family home and shall be made party to any proceedings 
for the legal adoption of the child, and if the court when 
making such award so orders, may appear in any court 
where such proceedings are pending, and assent to such 
adoption. Such assent shall be sufficient to authorize the 
judge to enter the proper order or decree of adoption, and 
upon such order being made, all jurisdiction of the juvenile 
court over such child under section 1643 o^ the General 
Code, shall cease and determine. Such guardianship shall 
not include the guardianship of any estate of the child. 
(103 V. 864.) 

1. The trustees of the county children's home cannot refuse 
to receive a child committed by the juvenile court to such home, 
unless such child so presented for admission is afflicted with an 
infectious or contagious disease. 

2. The trustees of a children's home have the right to accept 
through arrangement with parents children for temporary care 
and custody. 

3. In the commitment of a child to the children's home by 
the juvenile court, the trustees of the institution are immediately 
vested with the guardianship and control of the child subject to 
the continuing jurisdiction of the juvenile court for the purpose 
of discipline and protection. 

4. A dependent child of parent resident of the county, both 
of which parents have died, is eligible for admission to the county 
children's home, although such child is not yet one year of age. 
Section 3089, General Code, providing that the child should have 
resided in the county not less than one year not being one made 
for the purpose of placing a limitation upon the age of the child, 
but for the purpose of establishing residence. 

5. The board of trustees have the legal right, to enter into 
a contract with proper families to board and care for a child of 
tender years, when such children's home is not properly equipped 
to care for such children. — Attorney General, Opinion No. 969, 
June 6, 1914. 

Section 1673. The parents, parent, guardian or other 
person or persons having the right to dispose of a depend- 
dent or neglected child may enter into^ an agreement with 
any association or institution, incorporated under any law 
of this state which has been approved by the board of state 
charities as provided by law, for the purpose of aiding, car- 
ing for or placing in homes such children, or for the sur- 
render of such child to such association or institution, to be 
taken and cared for by such association or institution, or 
put into a family home. Such agreement may contain any 
and all proper stipulations to that end, and may authorize 
the association or institution, to appear in any proceeding, 
for the legal adoption of such child, and consent to its adop- 
tion. The order of the judge made upon such consent shall 
be binding upon the child and its parents, guardian or other 
person, as if such persons were personally in court and con- 
sented thereto, whether made party to the proceeding or 
not. (103 V. 864.) 

Section 1674. The chief officer of the boys' industrial 
school, and of the girls' industrial school, and the man- 
ager of any other institution to which juvenile delinquents 
may be committed, shall, each, maintain agents of such 



JUVENILE COURT. 



37 



Institution, who shall examine the homes of children paroled 
for the purpose of reporting to such chief officer or manager, 
whether they are suitable homes, and assist children paroled 
or discharged from such institution in finding suitable em- 
ployment, and maintain a friendly supervision over paroled 
inmates. Such agents shall hold office subject to the pleas- 
ure of the chief officer or manager making the appointment 
and shall receive such compensation as the Ohio board of 
administration may determine. (103 v. 864.) 

Section 1675. At any time the judge may require 
from an association receiving or desiring so to receive chil- 
dren, such reports, information and statements as he deems 
proper and necessary. He may at any time require from 
an association or institution, reports, information or state- 
ments concerning any child or children committed to it 
by him, under the provisions of this chapter. (103 v. 864.) 

Section 1352-2. No association whose object may em- 
brace the care of dependent, neglected or delinquent chil- 
dren or the placing of such children in private homes shall 
hereafter be incorporated unless the proposed articles of in- 
corporation shall have been submitted first to the board of 
state charities. The secretary of state shall not issue a cer- 
tificate of incorporation unless there shall first be filed in 
his office the certificate of the board of state charities that 
it has examined the articles of incorporation, and that in 
its judgment the incorporators are reputable and respecta- 
ble persons, and that the proposed work is needed, and the 
incorporation of such association is desirable and for the 
public good. Amendments proposed to the articles of in- 
corporation of any such association shall be submitted in 
like manner to the board of state charities, and the secre- 
tary of state shall not record such amendment or issue his 
certificate therefor unless there shall first be filed in his 
office the certificate of the board of state charities that it 
has examined such amendment, that the association in ques- 
tion is, in its judgment, performing in good faith, the work 
undertaken by it, and that such amendment is, in its judg- 
ment, a proper one, and for the public good. Section 1676 
(repealed 103 v. 864.) Re-enacted as section 1352-2. (103 
V. 864.) 

Section 1677. No association of another state, incor- 
porated or otherwise, shall place a child in a family home 
within the boundaries of this state, either with or without 
indenture or for adoption, unless such association shall have 
furnished the board of state charities with such guaranty 
as it may require that no child having a contagious disease, 
deformity, feeble mind or vicious character, shall be brought 
into this state by such association or its agents, and that 
such association will promptly receive and remove from the 
state, a child brought into the state by its agents, which 
shall become a public charge within the period of five years 
thereafter. (103 v. 864.) 



Compensation. 



Judge may 
require report 
from institu- 
tion. 



Certificate re- 
quired before 
filing articles 
of incorpora- 
tion. 



Associations 
of other 
states. 



38 



JUVENILE COURT. 



Religious be- 
lief. 



How chapter 
constructed as 
to industrial 
schools. 



When child is 
charged with 
felony. 



Penalty. SECTION 1 678. Whoevcr violatcs any of the provisions 

of section 1677 shall be imprisoned in the county jail not 
more than thirty days, or fined not less than five dollars or 
more than one hundred dollars, or both, in the discretion of 
the judge. (103 v. 864.) 

Section 1679. The judge in committing children shall 
place them, so far as practicable, in the care and custody 
of an individual holding the same religious belief as such 
child or its parents, or with some association which is con- 
trolled by persons of like religious faith as such child or 
its parents. (99 v. 202 § 37.) 

Section 1680. Nothing herein shall be construed to 
repeal any provision of law relating to the boys' industrial 
school or the girls' industrial school. (103 v. 864.) 

Section 1681. When any information or complaint 
shall be filed against a delinquent child under these pro- 
visions, charging him with a felony, the judge may order 
such child to enter into a recognizance, with good and 
sufficient surety, in such amount as he deems reasonable, 
for his appearance before the court of common pleas at 
the next term thereof. The same proceedings shall be had 
thereafter upon such complaint as now authoried by law 
for the indictment, trial, judgment and sentence of any 
other person charged with a felony. (99 v. 202 § 39.) 

Section 1682. Fees and costs in all such cases with 
such sums as are necessary for the incidental expenses of 
the court and its officers, and the costs of transportation of 
children to places to which they have been committed, shall 
be paid from the county treasury upon itemized vouchers, 
certified to by the judge of the court. (99 v. 202 § 40.) 

As the statutes do not go further than to authorize the 
orobate courts to commit juvenile delinquents to institutions or 
reputable citizens within this state, a probation officer may not be 
allowed his expenses for transporting a minor under direction of 
probate court to a home outside of the state. — Attorney General, 
1911-1912, p. 1181. 

Section 1683. This chapter shall be liberally con- 
strued to the end that proper guardianship may be pro- 
vided for the child, in order that it may be educated and 
cared for, as far as practicable in such manner as best 
subserves its moral and physical welfare, and that, as far 
as practicable in proper cases, the parent, parents, or guar- 
dian of such child may be compelled to perform their 
moral and legal duty in the interest of the child. (99 v. 
202 § 40.) 

Jurisdiction. Section 1683-1. The judgc designated to transact the 

business arising under the jurisdiction conferred in this 
chapter shall have jurisdiction of all misdemeanors against 
minors, and of offenses prescribed in sections nine hundred 
and twenty-eight, six thousand three hundred and forty- 



Fees and 

costs, how 
paid. 



Chapter to be 
liberally con- 
strued. 



JUVENILE COURT. 39 

four, six thousand three hundred and forty-five, six thou- 
sand three hundred and seventy-three, twelve thousand six 
hundred and sixty-four, twelve thousand six hundred and 
sixty-six, twelve thousand seven hundred and eighty-seven, 
thirteen thousand and thirty-one, thirteen thousand and 
thirty-five, and thirteen thousand and thirty-eight. In all 
such cases any person. may file with the clerk of the judge 
exercising the jurisdiction an affidavit, setting forth briefly, 
in plain and ordinary language, the charges against the ac- 
cused, and he shall be tried thereon, and in such prosecu- 
tions an indictment by the grand jury or information by 
the prosecuting attorney shall not be required. The judge 
shall forthwith issue his warrant for the arrest of the , ac- 
cused, who, when arrested, shall be taken before said judge, 
and tried according to the provisions of this chapter, and, 
if found guilty, shall be punished in the manner provided 
for by law. (102 v. 425.) 

Section 1683-2. For the partial support of women Mother's pen- 
whose husbands are dead, or become permanently disabled t-Jj^jj ^J° *^"' 
by reasons of physical or mental infirmity, or whose 
husbands are prisoners or whose husbands have de- 
serted, and such desertion has continued for a period of 
three years, when such women are poor, and are the mothers 
of children not entitled to receive age and schooling cer- 
tificate, and such mothers and children have a legal res- 
idence in any county of the state for two years, the juvenile 
court may make an allowance to each of such women, as 
follows. Not to exceed fifteen dollars a month, when she 
has but one child not entitled to an age and schooling cer- . 
tificate, and if she has more than one child not entitled to 
an age and schooling certificate, it shall not exceed fifteen 
dollars a month for the first child and seven dollars a month 
for each of the other children not entitled to an age and 
schooling certificate. The order making such allowance 
shall not be efifective for a longer period than six months, 
but upon the expiration of such period, said court may 
from time to time, extend such allowance for a period of six 
months, or less. Such homes shall be visited from- time to visitation of 
time by a probation officer, the agent of an associated p^J^J^^ *"^ ^^' 
charities organization, or of a humane society as the court 
may direct, or in the absence of such probation officer, 
society or organization in any county, the sheriff of said 
county shall make such visits as directed by the probate 
court; provided that the person, other than the sheriff, 
who actually makes such visits, shall be thoroughly trained 
in charitable relief work, and the report or reports of such 
visiting agent shall be considered by the court in making 
such order for relief. (106 v. 436.) 

Section 1683-3. Such allowance may be made by the conditions of 
juvenile court, only upon the following conditions : First, allowance, 
the child or children for whose benefit the allowance is 
made, must be living with the mother of such child or chil- 
dren ; Second, the allowance shall be made only when in 



40 



JUVENILE COURT. 



When allow- 
ance shall 
cease. 



Disposal of 
fund when 
amount in- 
sufficient. 



To whom 
does not 
apply. 



act 



Attempt to 
obtain 

allowance by 
fraud; 
penalty. 



Record of 
proceedings. 



the absence of such allowance, the mother would be re- 
quired to work regularly away from her home and children, 
and when by means of such allowance she will be able to 
remain at home with her children, except that she may be 
absent for work for such time as the court deems advisable ; 
Third, the mother must, in the judgment of the juvenile 
court, be a proper person, morally, physically and mentally, 
for the bringing up of her children ; Fourth, such allowance 
shall in the judgment of the court be necessary to save the 
child or children from neglect and to avoid the breaking up 
of the home of such woman; Fifth, it must appear to be 
for the benefit of the child to remain with such mother ; 
Sixth, a careful preliminary examination of the home of 
such mother must first have been made under the direc- 
tion of the court by the probation officer, the agent of an 
associated charities organization or humane society, or in 
the absence of such probation officer, society or organiza- 
tion in any county, the sherifT of such county shall make 
such investigations as the court may direct, and a written 
report of the result of. such examination or investigation 
shall be filed with the juvenile court, for the guidance of 
the court in making or withholding such allowance. (io6 
V. 436.) 

Section 1683-4. Whenever any child shall reach the 
age for legal employment, any allowance made to the mother 
of such child for the benefit of such child shall cease. The 
juvenile court may, in its discretion, at any time before 
such child reaches such age, discontinue or modify the al- 
lowance to any mother and for any child. (103 v. 864.) 

Section 1683-5. Should the fund at the disposal of 
the court for this purpose be sufficient to permit an allow- 
ance to only part of the persons coming within the provis- 
ions of this act, the juvenile court shall select those cases in 
most urgent need of such allowance. (103 v. 864.) 

Section 1683-6. The provisions of this act shall not 
apply to any woman who, while her husband is imprisoned 
receives sufficient of his wages to support the child or chil- 
dren. (103 V. 864.) 

Section 1683-7. Any person or persons fraudulently 
attempting to obtain any allowance for a person not entitled 
thereto, shall be deemed guilty of a misdemeanor and on 
conviction thereof, shall be punished by a fine of not less 
than five nor more than fifty dollars, or imprisoned in the 
county jail, for a period of not less than two months, or 
both. (103 V. 864.) 

Section 1683-8. In each case where an allowance is 
made to any woman under the provisions of this act, a 
record shall be kept of the ])roceedings, and any citizen of 
the county may, at any time, file a motion to set aside, or 
vacate of modify such judgment and on such motion said 



JUVENILE COURT. 



41 



juvenile court shall hear evidence, and may make a new 
order sustaining the former allowance, modify or vacate the 
same, and from such order, error may be prosecuted, or an 
appeal may be taken as in civil action. If the judgment be 
not appealed from, or error prosecuted, or if appealed or Appeal; 
error prosecuted, and the judgment of the juvenile court 
be sustained or affirmed, the person filing such motion shall 
pay all the costs incident to the hearing of such motion. 
(103 V. 864.) 



Section 1683-9. It is hereby made the duty of the 
county commissioners to provide out of the money in the 
county treasury such sum each year thereafter as will meet 
the requirements of the court in these proceedings. To 
provide the same they shall levy a tax not to exceed one- 
tenth of a mill on the dollar valuation of the taxable prop- 
erty of the county. Such levy shall be subject to all the 
limitations provided by law upon the aggregate amount, 
rate, maximum rate and combined maximum rate of tax- 
ation. The county auditor shall issue a warrant upon the 
county treasurer for the payment of such allowance as 
may be ordered by the juvenile judge. (103 v. 864.) 

Section 1683-10. For the purpose of providing a sum q 
which will meet the requirements of the juvenile court un- 
til the proceeds of the tax required to be levied under the 
provisions of section 1683-9 of the General Code, shall be- 
come available, any board of county commissioners may 
transfer from any surplus moneys in the county treasury 
to the credit of any fund therein to a fund for the use of 
the juvenile court under the provisions of section 1683-2 
to 1683-9, inclusive, of the General Code, the creation of 
which for such purpose is hereby authorized. The moneys 
so transferred shall be paid as provided in section 1683-9 
of the General Code, upon the order of the juvenile judge, 
under allowances made either before or after this act shall 
become efifective. (104 v. 199.) 



Tax levy. 



ounty com- 
missioners 
may transfer 
surplus to 
meet require- 
ments of ju- 
venile court. 



TITLE XI. TOWNSHIPS. 



CHAPTER 2. 
SCHOOL AND MINISTERIAL LANDS. 



Section 

LEASING. 

Trustees shall lay out and lease lands. 

To whom to be leased; terms of lease. 

Length of term for lease of improved 
and unimproved lots. 

Improvements by the trustees. 

Section twenty-nine in Ohio com- 
pany's and Symmes' purchase; how 
leased. 

Reappraisement of ministerial and 
schol lands. 

Collection of rents of school and 
ministerial lands. 

Notice of sale of .ase. 

Duties of treasurer; fees. 

Annual division of rents of school 
lands. 

Clerk of ^ the board shall furnish 
enumeration of youth. 

Dividend of ministerial funds. 

\yho ^ entitled to participate in min- 
isterial fund; proportion. 

Officers of civil township shall per- 
form duties of officers of original 
township. 

Certain leases of school lands made 
valid. 

Duties of county auditor when lessees 
or trustees delinquent. 



3194 
3195 
3196 

3197 
3198 



3199. 

3200. 

3201. 
3202. 
3203. 

3204. 

3205. 
3206. 

3207. 



3208. 
3209. 



SELLING. 

3210. School lands may be sold; proceedings 

presumed regular. 

3211. Proceedings when vote has not been 

taken; subsequent vote. 

3212. Trustees shall preside at election; 

poll-book shall be deposited with 
auditor. 



Section 

3213. Trustees shall petition court of com- 

mon pleas. 

3214. Appointment of appraisers. 

3215. Returns shall be recorded. 

3216. School lands; proceedings for sale. 

3217. How lands may be offered again. 

3218. Action to reappraise. 

3219. Reappraisers appointed by court. 

3220. Reappraisement. 

3221. Reappraisement of permanent leases. 

3222. Appraisers of such leases. 

3223. Must be submitted to vote. 

3224. How release of lease to be made. 

3225. Payments to county treasurers. 

3226. How payments made. 

3227. Report of sales to auditor of state. 

3228. Enforcing payment by sale. 

3229. Sale and incidents thereto. 

3230. Disposition of proceeds. 

3231. Petition and action of auditor. 

3232. Final certificate on sale, and payment 

for lands sold as delinquent. 

3233. Final certificate in other cases. 

3234. Deed from state for delinquent lands. 

3235. Excess of money on delinquent sale. 

3236. Fees. 

3237. Section twenty-nine. 

3238. Trustees may sue for injuries to 

school lands. • 

3239. Ministerial fund. 

3240. Account of by auditor of state. 

3241. Statement to be transmitted to county 

auditor. 

3242. Certain sales of sections sixteen and 

twenty-nine. 

3243. Error in calculation of purchase 

money shall be corrected. 

LEASING. 



Trustees shall 
lay out and 
lease lands. 



Section 3194. When either the ministerial or school 
section belonging to an original township or fractional 
township requires division, the trustees shall employ a sur- 
veyor to assist them, and lay out such section or sections 
into lots of not less than eighty acres, nor more than one- 
quarter of a section. Except when otherwise provided by 
law, the trustees shall lease out such section, after giving 
at least thirty days' notice, by advertisement, set up in 
four of the most public places in the township, mentioning 
the time and place where proposals will be received, and 
when they will meet to execute the lease giving a prefer- 
ence to those who, in their opinion, make the most ad- 
vantageous proposals. The trustees may require the lessees 
of such lands, at the date of the leasing thereof, to execute 
their notes for the payment of the rents, with security to 
the approval of the trustees. (82 v. 256.) 

Section 3195. The trustees shall not lease more 
ternlr^of' ^^^^ ^^^ ^^^ ^° ^^^ *-*"^ pcrson, and the lessee shall be bound 
lease. not to waste or destroy the sugar trees or other timber, 

42 



To whom to 



SCHOOL AND MINISTERIAL LANDS. 43 

further than is neessary for improving thereon, and to 
make such impro.vements as the trustees think proper. 
The trustees shall examine the premises and see that they 
are left in good repair, and that the lease has been punc- 
tually complied with, and shall proceed /again to give 
leases,, as provided by the preceding section, giving prefer- 
ence to the original lessee if he has complied with his 
former lease. (29 v. 490.) 

Sectiion 3196. Unimproved lots may be leased for Length of 
any term, not exceeding seven years, for making such im- ^y^^^^J^ ^^^^ 
provements thereon as the trustees think advisable. They and unim- 
may be leased for any term not exceeding fourteen years, p''"^^^ '°^^- 
but a cash rent shall be reserved in the lease at least after 
the first seven years. Improved lots may be leased for any 
term not exceeding ten years. All rents shall be payable 
on the first Monday of December, annually. (82 v. 256.) 

Section 3197. The trustees may provide for im- improvements 
provements on the school lands in the lease or leases by fj^^gj^gg 
which they are rented, or they may make such improve- 
ments directly. Where such improvements are made di- 
rectly by the trustees, when in their judgment they are 
necessary, and the estimate or probable cost thereof ex- 
ceeds one hundred dollars, they shall advertise for bids 
for the period of at least twenty days, by posting notices 
in four of the most public places in the township, and the 
contract for making such improvement shall be awarded 
to, and made with the person or persons who ofifer to make 
such improvement at the lowest price. But a good and 
sufficient bond shall be executed and delivered to the trus- 
tees, as such trustees, conditioned for the honest and faith- 
ful performance of such improvement. (82 v. 256.) 

Lands in School Section 16 which have been sold or are held 
under a permanent lease subject to revaluation as unimproved land 
every thirty-three years may be assessed under the rule of bene- 
fits to pay a proportionate part of the cost and expense of estab- 
lishing a county ditch through said lands. — Attorney General, 
Opinion No. 143, 1915. 

Section 3198. The trustees shall lease section or section 
fractional section twenty-nine, granted for religious pur- twenty-nine in 
poses, within the Ohio company's and John Cleves Symmes' pany's and 
purchase, except such as have been heretofore leased or chase-^'how"'^ 
provided for by special acts, in lots of not less than eighty leased, 
acres nor more than one-quarter section, for the term of 
ninety-nine years, renewable forever, to be valued by three 
disinterested freeholders of the county previous to it being 
leased, and such valuation shall in no case be less than one 
dollar per acre. Ministerial lands so leased shall be sub- 
ject to a revaluation every fifteen years without taking into 
view the improvements thereon, except at the first valua- 
tion, and six per cent on the valuation or revaluation of all 
ministerial lands shall be the rent required, (29 v. 490.) 



44 



SCHOOL AND MINISTERIAL LANDS. 



Reappraise- 
ment of 
ministerial 
and school 
lands. 



Collection of 
rents of 
school and 
ministerial 
lands. 



Notice of sale 
of lease. 



Duties of 
treasurer; 
fees. 



Section 3199. When it becomes necessary by the 
terms of any lease, or by the law authorizing the leasing 
of either section sixteen or twenty-nine, or any part or lot 
of either, the trustees shall apply to the court of common 
pleas by petition setting forth therein the facts showing 
the necessity of such appraisement, and shall give .each of 
the lessees or assignees at least twenty days' notice in wri- 
ting of the pendency of such petition. The court on be- 
ing satisfied of the truth of the petition and that such no- 
tice has been given, shall make an order appointing three 
disinterested citizens of the county, who, within twenty 
days shall appraise such tract, or lot, or part of a lot of 
land, on oath and an actual view thereof, without reference 
to the improvements thereon, under such lease, and 
within five days thereafter make a report of such appraise- 
ment and deliver it with such order of court to the clerk 
of the township in which such land is situated. The court 
shall make such further order, as to the payment and 
taxation of costs, as seems just and equitable. (54 v. 88.) 

Section 3200. All rents arising from school or min- 
isterial lands as they become due shall be paid by the 
lessee or lessees to the treasurer. On failure of such pay- 
mnt or for non-compliance with the conditions of the lease, 
when so directed by the trustees, the treasurer shall bring 
suit in the name of the trustees before any court having 
competent jurisdiction, and to the judgment rendered in 
such action no stay of execution shall be allowed. On final 
process, if goods and chattels cannot be found whereby col- 
letcion can be made, or of mesne process cannot be served, 
upon the return thereof, the trustees may re-enter upon the 
lands of the delinquent and sell at public vendue his or 
their right and title in such lease or leases, to satisfy such 
rent, damages and costs. (85 v. 256.) 

Section 3201. The trustees shall give twenty days' 
previous notice of the time and place when such lease or 
leases will be sold, by advertisement in three public places, 
or by insertion in a newspaper published within the county, 
subjecting the purchaser to the conditions contained in the 
lease of the delinquent. In case such lease or leases sell 
for more than the rent, damages and costs, the surplus 
shall be paid to the delinquent. Where secured notes are 
taken for payment of such rents, on failure of such pay- 
ment when due, according to the terms thereof, the trus- 
tees may order the treasurer to bring suit in their name 
on such note or notes, and to the judgment rendered in 
such action no stay of execution shall be allowed. (8^ v. 

256.) 

Section 3202. The treasurer shall keep a book with 
full and accurate entries of moneys received and of dis- 
bursements, and carefully file and preserve the vouchers 
relating thereto, which book and papers shall at all times 



SCHOOL AND MINISTERIAL LANDS. 



45 



be subject to the inspection of the trustees. No money 
shall be paid out by the treasurer except upon the written 
order of the trustees. For receiving, safekeeping, and pay- 
ing out moneys belonging to the township treasury, the 
treasurer shall be allowed one per cent thereof as his fees. 
(82 V. 256.) 

Section 3203. When, after the payment of just 
claims and necessary expenses, there is money in the hands 
of the treasurer arising from the rents of school lands, at 
least once a year, the trustees shall meet at the office or 
residence of the treasurer, and make a dividend thereof 
among the several school districts, or parts of districts 
within the original township, on the basis of thirty dollars 
for each teacher, and the balance according to the average 
daily attendance in the schools of such districts, and upon 
the order of the trustees, the treasurer shall pay out such 
money. (104 v. 158.) 

Section 3204. The clerk of the board of education 
of any district which, in whole or in part, is composed of 
territory within the bounds of an original township incor- 
porated as herein provided, shall, on demand of the clerk 
of such township, furnish him a certified copy of the re- 
port of the number of teachers employed and the average 
daily attendance of pupils in the schools within the bounds 
of such original township in such school districts, and the 
dividend shall be made on the basis of such certified re- 
port. (104 V. 158.) 

Section 3205. When there is money in the hands of 
the treasurer arising from the rents or profits of ministerial 
lands, the trustees shall meet at his office or residence on 
the fourth Monday of April, each year, and make a divi- 
dend thereof to each religious society, as provided by the 
next following section. Such money shall thereupon be 
paid by the treasurer according to the order of the trustees 
in making such dividend. (59 v. 30.) 

Section 3206. Each denomination of religious so- 
cieties having members residing in such township shall be 
entitled to participate in such ministerial fund. After as- 
suming a name each of them shall appoint an agent to re- 
ceive its proper proportion, who shall produce to the trus- 
tees a sworn certificate, containing a list of the names of 
the members enrolled in the records of such society resid- 
ing in such township, but no person shall be considered a 
member who is under fifteen years of age. At such an- 
nual meeting the trustees shall distribute such funds to the 
several societies applying by their agents and producing 
such certificates, in proportion to the number of their mem- 
bers residing in such township, without regard to the town- 
ship in which any such society regularly assembles for pub- 
lic worship. (61 V. 74.) 



Annual divis- 
ion of rents 
of school 
lands. 



Clerk of 
board shall 
furnish certi- 
fied report of 
number of 
teachers and 
average daily 
attendance. 



Dividend of 

ministerial 

funds. 



Who entitled 
to participate 
in ministerial 
fund; propor- 
tion. 



46 



SCHOOL AND MINISTERIAL LANDS. 



Officers of 
civil township 
shall perform 
duties of 
officers of 
original town- 
ship. 



Certain leases 
of school 
lands made 
valid. 



Duties of 
county au- 
ditor when 
lessees or 
trustees de- 
linquent. 



Auditor of 
State author- 
ized to lease 
unsold por- 
tions of sec- 
tions 16 and 
29 and other 
land in lieu 
thereof for 
oil, gas or 
other 
minerals. 



Section 3207. When either such school or mmis- 
terial section is in an original township where there are not 
four electors, the trustees and treasurer of the civil town- 
ship in which such section is situated, shall perform the 
duties in this chapter prescribed for the officers of the 
original township. (29 v. 490.) 

Section 3208. All leases of school lands made by 
the trustees of the original surveyed townships or by the 
county commissioners of any county, before the first day 
of June, in the year one thousand eight hundred and 
thirty-one, although not acknowledged before any officer 
authorized to take the acknowledgement of deeds or other 
instruments in writing for the conveyance, lease or incum- 
brance of lands, shall, between the lessors and lessees, their 
grantees, heirs and assigns, be held valid to the same ex- 
tent and for the same purposes that they would have been, 
had they been so acknowledged. (80 v. 218.) 

Section 3209. When it comes to his" knowledge that 
a lessee of school or ministerial lands has failed to pay the 
rent he is bound to pay by the provisions of the lease 
thereon or that the trustees have failed to cause such 
lands to be reappraised according to the provisions of such 
lease, the county auditor shall immediately notify the lessee 
in writing of his delinquency. Upon receiving such notice, 
the lessee shall make full compliance with the provisions of 
his lease or the law, wherein he is delinquent, in default of 
which the auditor shall, in thirty days after notifying such 
lessee, immediately notify the trustees of such township 
of the delinquency, who shall proceed immediately to col- 
lect the rent or cause the reappraisement according to law. 
(69 V. 76.) 

Section 3209-1. The auditor of state is hereby au- 
thorized to lease for oil, gas, coal, or other minerals, any 
unsold portions of Section Sixteen and Section Twenty- 
nine, or other lands granted in lieu thereof, of the original 
surveyed townships, for the support of schools and religion, 
to any person, persons, partnership or corporation, upon 
such terms and for such time as will be for the best inter- 
est of the beneficiaries thereof, but nothing herein shall 
be construed so as to require the auditor to so lease; and 
the auditor of state in such lease is empowered to grant to 
such lessee the right to use so much of the surface of such 
land as may be reasonably necessary to carry on the work 
of prospecting for, extracting, piping, storing and remov- 
ing all oil, or gas, or prospecting for and producing coal 
or other minerals, and for sinking shafts, depositing waste 
material and maintaining such buildings and constructions 
as may be reasonably necessary for the mining, handling and 
removal of such coal or other minerals; provided, however, 
that such lease shall require the lessee to pay all damage 
to the holder of tlie lease holding under a lease from the 
trustees of the original township. 



SctiOOL AND MINISTERIAL LANDS. 



47 



Should the lessee of the gas, oil, coal, or other miner- 
als be unable to agree with the lessee holding under lease 
from the trustees of the original township, upon the dam- 
ages sustained by the latter by reason of such occupancy 
of the surface, then the determination of the damages shall 
be submitted to the arbitrament or umpirage of a commis- 
sion of three consisting of one person selected by each of 
the lessees, and one person selected by the attorney gen- 
eral. Such commission shall hear evidence, shall have the 
powers given to arbitrators under the provisions of Chap- 
ter I, Division 9, Title 4, of the General Code, and shall 
make an award in writing, signed by a majority of them. 
Such award shall be filed with the auditor of state and 
shall be binding upon all parties. 

Should the lessee of the oil, gas, coal, or other miner- 
als, fail to pay the damages so awarded, the auditor of 
state shall file a certified copy of the award in the court of 
common pleas of the county in which the lands, or the 
greater part of the lands, may be located, and proceedings 
thereon may be had as provided for awards of arbitrators 
by sections 12155, 12156, 12158, of the General Code. 

In the event of any productive oil or gas wells having 
been drilled on any of said lands or coal or other minerals 
taken therefrom prior to obtaining a lease therefor, said 
auditor of state is hereby authorized to settle, adjust and 
compromise with the person, persons, firm or corporation, 
drilling such wells or removing other minerals upon such 
terms as may be just and equitable to such persons, and 
for the best interest of the beneficiaries of said lands. 
Provided that before any such lease, settlement, adjustment 
or compromise shall be binding, or in any manner affect 
existing rights or claims, the same shall be presented to 
and approved by the governor and attorney general, and 
providing further, that all moneys arising from any such 
lease, settlement, adjustment or compromise shall be paid 
to the treasurer of state monthly, to be disposed of in the 
same manner as is provided by law for the proceeds of 
sale of said section. 

And further provided, that, if, in such cases, a satis- 
factory settlement cannot be secured, then upon ten days' 
notice upon the persons sought to be dispossessed the au- 
ditor of state by and with the consent of the attorney gen- 
eral and Governor is authorized to re-enter upon such 
lands, to hold such oil or gas wells or coal or mineral de- 
velopments with all the appurtenances thereunto belonging, 
and to either lease the same under the provisions of this 
act, or to operate such producing wells, or developments 
and dispose of the proceeds upon the market, and also to 
pay the net proceeds arising therefrom into the state treas- 
ury to the credit of the irreducible debt of the state, to be 
held and disbursed as other monies derived from sales of 
school and ministerial lands, and he shall also file a detailed 
statement of all receipts and expenditures covering such 
operation and sale. 



When ques- 
tion of dam- 
ages submitted 
to arbitration; 
where award 
shall be filed. 



Proceedings 
on failure to 
pay damages 
awarded. 



Settlement for 
minerals 
taken from 
lands prior to 
lease; approv- 
al by Gov- 
ernor and 
Attorney 
General. 



Re-entry and 
further pro- 
cedure when 
satisfactory 
settlement 
cannot be se- 
cured. 



48 



SCHOOL AND Ministerial lands. 



When facts 
shall be sub- 
mitted to 
board of 
arbitration. 



School lands 
may be sold; 
sales shall 
reserve to the 
state all oil, 
gas and other 
minerals. 



Proceedings 
when vote has 
not been 
taken ; subse- 
quent vote. 



Notice to 
Auditor when 
vote is to 
be taken. 



Trustees shall 
preside at 
election; poll- 
book shall be 
deposited with 
auditor. 



If it should be made to appear to the auditor, attorney 
general and governor that the occupancy of such lands so 
re-entered, and the making of improvements thereon in the 
development of such gas or oil wells, or coal or other min- 
erals, was in good faith, there shall be submitted all the 
facts to a board of arbitration, one member of which shall 
be appointed by the Governor, one by the auditor of state 
and one by the trespasser, and such board of arbitration 
shall determine what just and equitable settlements shall be 
made with such trespasser for such improvements and the 
auditor of state is authorized and directed to make a set- 
tlement with such trespasser in accordance with the find- 
ing of such arbitration board. (105 v. 7.) 

Section 3210. Section Sixteen and all lands instead 
thereof, granted for school purposes, may be sold, and such 
sales shall be according to the regulations hereinafter pre- 
scribed. The proceedings for the sale of such lands for 
which a deed has been duly executed and delivered by the 
state to the purchaser thereof at such sale, or his assigns, 
shall be conclusively presumed to be regular and according 
to law, but this provision shall not apply to, or affect, 
pending litigation. Provided, that such sales shall exclude 
all oil, gas, coal, or other minerals on or under such lands, 
and all deeds executed and delivered by the state shall ex- 
pressly reserve to the state all gas, oil, coal, or other min- 
erals, on or under such lands, with the right of entry in 
and upon said premises for the purpose of selling or 
leasing the same, or prospecting, developing or operating 
the same, and this latter provision shall afifect and apply 
to pending actions. (105 v. 8.) 

Section 321 i. Where no vote has been taken for the 
sale of any such land, the trustees of the township to 
which such lands belong, at least thirty days prior to the 
taking of such vote, shall cause not less than eight notices 
to be posted in as many of the most public places of the 
township, notifying the voters resident therein to meet at 
a convenient place and time therein specified, and cast 
their ballots for or against the sale of such lands. If the 
vote results in a refusal to sell such lands, the trustees, in 
the same manner, may authorize the taking of a subse- 
quent vote as often as they deem proper, but no subsequent 
vote shall be taken until one year has elapsed since the last 
preceding vote. (70 v. 195.) 

Section 321 i-i. Whenever a vote is caused to be 
taken pursuant to sections 321 1-3223 of the General Code, 
the trustees shall mail a certified notice thereof to the 
auditor of state at least thirty days prior to the taking of 
such vote. (105 V. 9.) 

Section 3212. The trustees of the township shall 
preside at the taking of such ballots and shall appoint two 
clerks, who shall keep two poll-books, containing the names 
of the voters and the result of the ballot, which poll-books 



SCHOOL AND MINISTERIAL LANDS. 49 

must be signed by the trustees and clerks. If such ballots 
result in favor of a sale, within ten days after such elec- 
tion, the trustees shall deposit one of such poll-book with 
the auditor of the county within which such lands or the 
greater portion thereof are situated, with a copy of the 
notice given, and the affidavit of one or more of the trus- 
tees, stating the manner of giving such notices, and the 
time and place of posting them, which notices, affidavit, 
and poll-book shall be by such auditor copied into a book 
for that purpose to be provided, and when so recorded, 
such record shall be proof of the facts therein stated. (70 
V. I95-) 

Section 3213. When such record has been made, the Trustees shall 
trustees of the township to which such lands belong, shall of'co^mmon"'^' 
file a petition in the court of common pleas of the county pleas, 
within which such lands or the greater portion of them 
are situated, setting forth the giving of such notice, the 
taking of the ballot, the result thereof, the filling and re- 
cording of such papers in the office of the auditor of the 
proper county, and asking the court to appoint three dis- 
interested freeholders, not resident of the township in 
which the land is situated, to divide and value it in money. 
(70 V. 195.) 

Section 3214. If the court is satisfied that the state- Appraisement 
ments of the petition are true, it shall appoint three per- f/tei^"^o'£ ^'^' 
sons to divide and appraise the lands according to the prayer minerals 
of such petition. After being duly sworn before an officer ^^'^i"^^^- 
authorized to administer oaths, and taking to their aid, if 
they think necessary, the county surveyor, such appraisers 
shall proceed to divide such lands into such parcels or 
tracts as, in their opinion, will be best for the sale thereof, 
and return in writing such divisions, suitably numbered 
and described, to the court with a just valuation of each 
separate division in money. 

In making such valuation the apraisers shall exclude 
from their consideration the existence or possible existence 
of oil, gas, coal, or other minerals upon such lands. (105 
V. 8.) 

Section 3215. When such return is made, the court Returns shaii 
shall examine it, and, if found in all things regular, just, be recorded, 
and fair, shall certify it, and order it to be entered of 
record, together with the petition and all the proceedings 
had therein. The trustees shall cause a copy of each 
record to be filed in the office of the auditor of the proper 
county, who shall copy it into the book containing the 
notice, affidavit, and poll-book, and immediately following 
them. (70 V. 195.) 

Section 3216. On the recording of such proceedings, school lands; 
the auditor of the county shall forthwith cause a notice to proceedings 

, 1 I- 1 1 • r 1 • 1 • • 1 for sale. 

be published in a newspaper of general circulation m the 
county, for five consecutive weeks before the day of. sale, 

4 s. I,. 



50 



SCHOOL AND MINISTERIAL LANDS. 



How lands 
may be 
offered again. 



Action to 
appraise. 



Reappraisers 
appointed by 
court. 



Reappraise- 
ment. 



and, at the same time, by posting copies of such notice in 
six of the most public places in the county, two of which 
shall be in the township where the lands are situated, and 
one at the court house. Such notices shall contain a de- 
scription of the lots or lands to be sold, the valuation 
thereof, and the time when they will be offered at public 
auction by the auditor, at the door of the court house, at 
not less than the appraised value thereof, one-third of the 
purchase money to be paid at the time of sale, and the 
balance in two annual installments of equal amount, with 
interest payable annually thereon. At such time and place 
the auditor shall proceed to offer them to the highest bidder 
on the terms stated in the notice. If the principal value 
of such school land consists in the timber growing thereon, 
on the request of the trustees, or a majority of them, the 
auditor who sells such school lands shall require the whole 
of the purchase money to be paid at the time of sale. (8i 
v. 132.) 

Section 3217. If such lands, or any part thereof, 
are not sold as herein provided, on the application in wri- 
ting of the trustees of the township to which they belong, 
the auditor may continue to offer them at any future time 
or times until they are sold, having first given like notices 
as herein provided to be given on the first offer of sale. 
No sale shall be had on any valuation made more than 
two years prior to the day of sale. (85 v. 141.) 

Section 3218. When from any cause the value of 
such lands or any part thereof, as fixed by the appraisers, 
has decreased the trustees at any time after the land has 
been once offered and remains unsold, may file a petition 
in the court wherein the former petition was filed, setting 
out in substance the filing of such petition and the subse- 
quent proceedings thereto, that the land has been offered 
and remains unsold, and the facts and circumstances which 
have decreased the value of such lands and asking for 
a re-apraisement of them. ( 85 v. 141.) 

Section 3219. If the court is satisfied that, the state- 
ments made in the petition are true, and that such lands by 
reason thereof have' decreased in value, it may order an- 
other appraisement, and thereupon the court shall appoint 
three disinterested freeholders, having the same qualifi- 
cations as original appraisers, and the same proceedings 
shall be had as under the original petition. After such 
appraisement is made the auditor shall again offer such 
lands for sale, as provided in the preceding sections. (85 
V. 141.) 

Section 3220. On such petition of the trustees set- 
ting forth the former appraisement and the subsequent 
proceedings thereto, and that two years have elapsed and 
the land remains unsold, the court shall direct a new val- 
uation of them to be made in the manner hereinbefore di- 



SCHOOL AND MINISTERIAL LANDS. 



51 



Reappraise- 
ment of per- 
manent leases. 



Appraisers of 
such leases 
and how valu- 
ation shall be 
made. 



rected, unless such court, on testimony, shall be satisfied 
that the former appraisement is a just and fair valuation 
of such lands, in which case the court shall make an entry 
of the fact, which entry shall be certified to and recorded 
by the auditor in the same manner, and shall have the 
same effect as the new appraisement. (70 v. 195.) 

Section 3221. If such lands are held under per- 
manent leases, or leases for ninety-nine years, the legal or 
equitable holder of any such lease, who wishes to surrender 
it, and purchase the fee of such premises, with the con- 
sent of the trustees of the original township to which such 
lands belong, may file his petition in the court of common 
pleas of the county in which the largest portion of such 
lands are situated, setting forth a description of the prem- 
ises so held, the date of his lease or his title thereto, that 
he is desirous of surrendering such lease and becoming the 
owner of the premises in fee, and asking the court to ap- 
point tthree disinterested freeholders of the county and not 
resident of the township wherein such lands are situated to 
value them. (70 v. 195.) 

Section 3222. On being satisfied of the truth of the 
facts set forth in such petition, the court shall appoint 
such appraisers who shall proceed under oath to make a 
just valuation of the premises in money without reference 
to the improvements made thereon under and by reason of 
such lease, or to any gas, oil, coal, or other minerals that 
may be upon such lands, and shall return such valuation in 
writing to the court. If satisfied that the valuation is just, 
the court shall confirm it, and order it, with the petition and 
other proceedings therein to be recorded. (105 v. S.) 

Section 3223. Before the trustees of any township 
consent to the surrender of a lease, as provided herein, they 
shall cause the proposition to be submitted to the electors 
of the township, at an election to be held and conducted in 
conformity with the provisions herein for the sale of sec- 
tion sixteen and lands in place thereof. If at such election 
a majority of the electors vote for such surrender, then, 
and not otherwise, the trustees shall consent to the sur- 
render as herein provided. (70 v. 195.) 

Section 3224. On producing to the auditor of the 
proper county, within one year after the making thereof, 
a certified copy of such petition, appraisement and con- 
firmation, such lessee shall be permitted by indorsement 
thereon, attested by the auditor, to release to the state all 
his interest, title and claim in and to such lease, for the 
benefit of the township, to which it belongs, which cer- 
tified copy of such record and release shall be recorded 
in a book for that purpose. (70 v. 195.) 

Section 3225. The purchaser of such lands at an Payments to 
auditor's sale, or the lessee of land held under such lease. 
Off- p^ecjiting such release, shall each forthwith pay to the 



Must be sub- 
mitted to 
vote. 



How release 
of lease to be 
made. 



county treas- 
urers. 



52 



SCHOOL AND MINISTERIAL LANDS. 



How pay- 
ments made. 



Report of 
sales to au- 
ditor of state. 



Enforcing 
payment by 
sale. 



treasury of the county, one-third of the purchase money 
in the first case, and one-third of the valuation in the 
second, and take the treasurer's receipt therefor. On re- 
ceiving the treasurer's receipt for such first instaUment, 
the auditor shall give to the purchaser or kssee a certi- 
ficate, containing the name of the purchaser or lessee, a 
description of the premises, the number, amount, and the 
time of payment of the subsequent installments, and such 
purchaser or lessee, his heirs or assigns, on the punctual 
payment of the sums still due, with annual interest up to 
the time of payment^ shall be entitled to receive a final 
certificate from the auditor, but such lessee shall produce 
to the auditor the certifcate of the proper officer, that all 
rents due on such premises have been paid up to the time 
of surrendering the lease. (70 v. 195.) 

Section 3226. A person wishing to pay any money 
under the provisions of this chapter in part or full pay- 
ment of such lands shall first obtain the certificate of the 
auditor of the amount due or to be paid, and on presenta- 
tion thereof, the treasurer may receive the amount therein 
specified, and shall give to the person presenting it a certi- 
ficate, directed to the auditor, of the payment of such 
sum of money, and the auditor on the presentation of such 
certificate, shall give to such person a receipt therefor, 
credit him with the amount in his books and charge the 
treasurer therewith. (70 v. 195.) 

Section 3227. The county auditor shall keep an 
account with the county treasurer of all sales made and 
leases surrendered and moneys paid thereon by each pur- 
chaser or lessee, and on the first day of February, May, 
August, and November, in each year, make a report thereof 
to the auditor of state, which report shall distinguish be- 
tween the amount paid in as principal and the amount paid 
in as interest. From the time of such report the state shall 
be liable to pay interest on all such sums of principal so 
reported as paid. On receiving a certified copy of such 
account from the auditor of state, the treasurer of state 
may immediately draw the money paid in as principal, 
from the county treasury. The amount so reported as 
interest shall be retained in the county treasury, and ap- 
portioned to the several civil townships and parts of civil 
townships, in the original surveyed townships or fractional 
townships to which such lands belong. (70 v. 195.) 

Section 3228. If the purchaser or lessee of anv tract 
of section sixteen, or lands granted in place thereof for the 
support of common schools, fails to make any payment on 
any tract of such land for the space of twelve months 
after the time it becomes due and payable, the auditor of 
the county wherein the land is situated shall forthwith 
proceed to sell such tract, with all the improvements 
thereon, at the door of the court house, to the highest and 
best bidder therefor, in cash, having first given notice of 



SCHOOL AND MINISTERIAL LANDS. 



53 



the time and place of such sale, containing a description 
of the land and the money due and to become due thereon, 
by publishing such notice in a newspaper of general cir- 
culation in such county for six consecutive weeks before 
the day of sale. (88 v. 321.) 

Section 3229. On such sale no bid shall be enter- saie and ind- 
tained for a sum which will not be sufficient to pay all the dents thereto, 
purchase money due to the state, and all expenses incident 
to the sale. In case the premises cannot be sold for that 
amount, they shall revert to the state in trust for the town- 
ship to which the lands belong to be sold in the manner 
provided for the sale of such lands not under permanent 
leases, or leases for ninety-nine years. In any such case, 
in addition to any other remedy provided by law for en- 
forcing payment for such tract of land, the county auditor 
may institute suit by civil action in the court of common 
pleas of the county in which the land is situated, in his own 
name for the use of the proper township, against the pur- 
chaser or lessee and all other parties who have or claim 
an interest in the land, or are in any manner affected by 
such suit, and shall prosecute the action to final judgment, 
and he may have an order for the sale of, and have the 
premises sold, with all improvements thereon as upon 
execution at law, for the satisfaction of such judgment. 
The sheriff's deed executed in accordance therewith shall 
convey to the grantee therein the legal title to such land, 
all rights of the state and of the original township and of 
all parties to the suit therein. The auditor of the county 
may have execution for any balance remaining unsatisfied 
after such sale but such balance shall be recovered equally 
from all the lessees, their heirs or assigns, and no person 
shall be liable for more than his pro rata share thereof. 
(88 V. 321.) 

Section 3229-1. In proceedings commenced under 
the provisions of section 3213, 3221, 3231 and 3237, no- 
tice of the pendency thereof shall be given to the auditor 
of state thirty days before any order of court may issue 
therein, and all orders of the court and returns of ap- 
praisers under section 3214, 3218, 3219, 3220 and 3222 of 
the General Code shall be certified to the auditor of state 
ten days prior to any action or proceedings thereunder. 
The auditor of state or attorney general may intervene in 
any such proceedings. (105 v. .) 

Section 3230. After payment of all costs and ex- Disposition of 
penses of the action, the proceeds of the sale shall be pj'oceeds. 
forthwith paid by the sheriff to the treasurer of the county, 
and the sheriff shall at the same time certify to the county 
auditor the fact of such sale and to whom, with a descrip- 
tion of the land so sold, the amount for which sold and a 
statement of the distribution thereof, and the auditor shall 
make report thereof to the auditor of state at the time, 
and in the manner provided in case of sale and leases. 
(88 V. 321.) 



Notice of 
pendency of 
proceedings 
to sell before 
order shall 
issue. 



54 



SCHOOL AND MINISTERIAL LANDS. 



Petition and 
action of 
auditor. 



Final cer- 
tificate to 
purchaser on 
sale and pay- 
ment for 
land; deed. 



Final certifi- 
cate in other 
cases. 



Deed from 
state for de- 
linquent 
lands. 



Excess of 
money on de- 
linquent sale. 



Section 3231. In an action herein provided it shall 
be sufficient for the auditor to allege in his petition the 
sale of such land, a proper description thereof, and that 
there remains due and unpaid the amount claimed with 
interest, without setting forth in his petition any of the 
special matter or proceedings had in connection with the 
sale of such land. The record of the proceedings kept by 
the auditor, as required by law, shall be proof of the facts 
of such sale and of the validity thereof, and his record 
of the amount claimed to be due shall be prima facie evi- 
dence of the correctness thereof. The judgment debtor 
or any one else shall not be entitled to the benefit of the 
laws for stay of execution or exemption of homestead in 
the enforcement of any judgment recovered. (88 v. 322.) 

Section 3232. Except when sold under proceedings 
in civil action, when such lands so sell the purchaser shall 
pay to the treasurer of the county the amount so bid for 
such premises. On producing to the auditor the treas- 
urer's receipt for such payment, the auditor shall give him 
a final certificate, stating the fact of such sale, the name of 
the purchaser, description of the lands sold, the amount 
for which sold, the payment thereof, and that the pur- 
chaser is entitled to receive from the state a deed in fee 
simple thereof pursuant to the provisions and conditions of 
section 3210 of the General Code, on producing to the 
proper officer such certificate. (105 v. 9.) 

Section 3233. When the purchaser or lessee, his heirs 
or assigns, has made payment in full, the auditor shall give 
such person a final certificate, containing, in addition to 
the former one, the fact of payment in full and that such 
person is entitled to receive from the state a deed in fee 
simple pursuant to the provisions and conditions of section 
3210 of the General Code, for such premises, on presenta- 
tion of this certificate to the proper officer. (105 v. 9.) 

Section 3234. Upon the filing of such final certifi- 
cate in his office, the auditor of state shall prepare a deed 
for the premises described therein, and deliver it to the 
governor, together with a certificate, under the seal of his 
office, that all the papers required by law, and upon which 
it is based, are on file in his office, and have been examined 
by him and found to be correct. Such certificate shall 
contain a brief description of the premises conveyed, and 
the name of the grantee. When signed by the governor, 
countersigned by the secretary of state, and sealed with 
the great seal of the state, such deed shall be returned to 
the auditor of state, who shall transmit it to the county 
auditor from whom the final certificate was received, who 
shalldeliver it to the grantee. (79 v. 136.) 

Section 3235. After paying all sums due, and in- 
terest and costs, all excess of moneys made. on such sale 
of delinquent lands shall be paid on demand to the de- 
Jinnuent owner, his heirs or assigns, from the county treas- 



SCHOOL AND MINISTERIAL LANDS. 



55 



ury, on the warrant of the auditor, if the demand is made 
within one year from the time of the sale. If not so de- 
manded, the excess shall be paid into the state treasury 
and unless it is demanded within one year after it has been 
paid into the state treasury, it shall be applied for the 
same uses as the lands are subject to. (70 v. 195-) 

Section 3236. The fees for services under this chap- 
ter relating to sales shall be as follows : The court shall 
tax such fees on any petition filed therein, as are allowed 
for similar services on the proceedings for partition ; the 
county auditor shall be allowed one dollar and fifty cents 
on each sale made by him ; for each certificate, fifty cents ; 
for each receipt, six cents, to be paid by the purchaser, 
and the same fees for recording as are allowed to county 
recorders, to be paid from the first moneys paid as inter- 
est or rents on such sale or surrender. Printer's fees for 
advertising shall be paid from the county treasury on the 
warrant of the auditor, and refunded from the first moneys 
received on the sale as interest or rents. In case of a 
petition by the trustees, the costs in court shall be paid 
from the county treasury on the warrant of the county 
auditor, and refunded from the first moneys received from 
the sale as interest or rents. If a lessee is petitioner, all 
costs shall be paid by him. (70 v. 195.) 

Section 3237. Lands granted by the congress of the 
United States for religious purposes, known as section 
twenty-nine, may be sold, or the permanent leases thereto 
surrendered, and such sale or surrender shall be regulated 
by and conducted according to the provisions of this chap- 
ter in relation to the sale of school lands and the surrender 
of permanent leases thereof. (70 v. 195.) 

Section 3238. The trustees of a township having 
school lands, whether they lie in such township or else- 
where, may, by action before a proper court in their own 
names, sue and recover in any existing cause of action aris- 
ing out of injuries to such lands, or upon any cause of ac- 
tion that may hereafter arise in respect to such lands, as 
fully as if they had been vested in fee in such trustees from 
the time such ownership commenced. (54 v. 93 § i.) 

Section 3239. The money paid into the state treas- 
ury on account of sales of lands granted by congress for 
religious purposes, known as section twenty-nine^ shall 
constitute the "ministerial fund," of which the auditor of 
state shall be the superintendent, and the income there- 
from shall be used exclusively for religious purposes. (86 
V. 205.) 

Section 3240. The ministerial fund shall constitute 
an irreducible debt of the state, on which the state shall 
pay interest annually, to be computed for the calendar year, 
and the first computation on any payment of principal, 
hereafter made, shall be from the time of payment to and 



Fees. 



Section 
twenty-nine. 



Trustees may 
sue for injur- 
ies to school 
lands. 



Ministerial 
fund. 



Account of 
by auditor 
of state. 



56 



SCHOOL AND MINISTERIAL LANDS. 



Statement to 
be transmitted 
to county- 
auditor. 



Certain sales 
of sections 
sixteen and 
twenty-nine. 



Error in cal- 
culation of 
purchase 
money shall 
be corrected. 



including the thirty-first day of December next succeed- 
ing. The auditor of state shall keep an account of the 
fund and of the interest which accrues thereon, in a book 
or books to be provided for that purpose, with each or- 
iginal surveyed township or other district to which any 
part of the fund belongs, crediting each with its share of 
the fund, and showing the amount of interest thereon 
which accrues and the amount which is disbursed annually 
to each. (86 v. 205.) 

Section 3241. With each February settlement sheet, 
the auditor of state shall transmit a certified statement, 
showing the amount of interest derived from the minis- 
terial fund, payable to each original surveyed township or 
other district within the county. At the February settle- 
ment with the auditor of state, the treasurer of each 
county shall retain in the county treasury, from the state 
taxes collected by him, the amount of the funds shown by 
each certified statement to be due such county. The treas- 
urer of each county shall pay such funds, on the warrant 
of the county auditor, to the treasurer of the original town- 
ship in which such lands are located. Such warrants shall 
be drawn for the amount due each original township, as 
certified by the auditor of state, and the funds shall be ap- 
portioned by the trustees thereof in the manner provided 
for the apportionment of money arising from rents and 
profits of such lands. (86 v. 205.) 

Section 3242. Section sixteen, donated and set apart 
for the support of schools, and section twenty-nine, for the 
purpose of religion, or lands granted instead of either, by 
the directors of the Ohio company, on the seventh day of 
January, seventeen hundred and ninety-six, in the follow- 
ing original surveyed townships within the Ohio com- 
pany's purchase, to-wit: Township number eight, in range 
number twelve ; township number seven, in range number 
thirteen ; township number eleven, in range number four- 
teen ; township number thirteen, in range number fifteen ; 
townships number eight, nine, eleven, twelve and thirteen, 
in range number sixteen, and such parts of section tw^enty- 
nine, as have not been previously sold, in township num- 
ber three, in range number fifteen, may be sold or the leases 
thereto whether permanent or otherwise, surrendered, and 
such sale or surrender shall be regulated by and conducted 
according to the provisions of this chapter. The lessees 
of any such lands holding leases for a term less than 
ninety-nine years, shall be permitted to surrender their 
leases in the same manner, and be entitled to the benefit of 
this chapter, as if their leases were for ninety-nine years. 
(94 v. 411.) 

Section 3243. When in any sale of school or min- 
isterial lands any mistake is made in the calculation of 
the amount to be paid or in the computation of interest, 
either inadvertently or designedly by any officer having 



SCHOOL AND MINISTERIAL LANDS. 57 

charge thereof, the auditor of the proper county shall 
examine into and correct such mistake. Upon being noti- 
fied of it, a purchaser thereof shall immediately pay the 
sum he is found to be in default. The auditor shall in- 
stitute a suit against any purchaser who neglects to pay 
the amount so found to be unpaid, in the court of common 
pleas of the county in which such lands are situated, in his 
own name, for the use of the proper township, and shall 
prosecute such action to final judgment and execution. If 
the mistake be by excess of payment, the auditor shall 
make the correction by paying out of the county treasury 
the amount overpaid, and charge it to the state or township, 
as the case requires. (69 v. y6.) 

Section 2626. The county auditor may also charge Fees for 
and receive fees as follows : For certificate of sale of transfers, 
school land, to be paid by the purchaser, twenty-five cents ; 
for certificate of payment of installment into the treasury 
on school lands, to be paid by the purchaser, fifteen cents ; 
for final certificate of payment for school lands, to be paid 
by the purchaser, seventy-five cents ; for deeds of lands 
sold for taxes to be paid by the purchaser, one dollar ; for 
the transfer of an entry of land, lot, or part of lot, to be 
paid, by the person requiring it, ten cents ; but the whole 
amount of fees for transfers of real estate described in 
any one deed, plat, or other instrument, shall not exceed 
one dollar and fifty cents. (102 v. 277.) 

Section 3707. When any lot or lots of land lying Exchange of 
within the limits of a municipality have been dedicated, p^urposes ^^'^^"^ 
given or granted thereto, and set apart for the use and sup- 
port of schools, on application of the mayor or council 
thereof, the court of common pleas may authorize an ex- 
change of such lot or lots for such other lot or lots within 
the limits of such municipality as the interest of the schools 
therein require. All lots so taken in exchange, shall be held 
for the same purposes and subject to the same conditions 
as the original lots. (70 v. 193 §1.) 

Section 3708. Each application for such exchange Petition, 
of lots shall be by petition verified by the mayor. The ^"jf^* ;^'^^^' 
board of education of the municipality and such other 
persons as the court orders shall be made party defen- 
dants. The petition shall set forth an accurate description 
of each lot proposed to be given or taken in exchange, 
the specific circumstances which render the exchange nec- 
essary, and a prayer for such order as may be required. 
(70 v. 193 § 2.) 

Section 3709. Notice of the filing, pendency, and Notice of 
prayer of the petition shall be published for four consecu- P^ij{j°j"j° ^^ 
tive weeks, prior to the day of hearing, in a newspaper 
printed in such municipality, or if there is none, in a news- 
paper printed in the county and of general circulation in 
such municipality. (70 v. 193 § 3.) 



contain. 



58 



SCHOOL AND MINISTERIAL LANDS. 



Hearing and 
order. 



Transfer of 
pioperty to 
library 
trustees. 



How school 
land appro- 
priated. 



Proceedings 
when land is 
held \vithout 
agreement. 



Section 3710. If upon the hearing of the petition it 
appears to the court that notice of the filing, pendency, 
and prayer thereof has been so given, and that such ex- 
change of lots is necessary and will promote the interests 
of such schools, and that such an order would not be in- 
consistent with the terms and conditions of the original 
grant or devise, the court shall authorize the exchange to 
be made, and order the mayor of the municipality to exe- 
cute and deliver such deed or deeds in fee simple, as are 
necessary to effect the exchange. (70 v. 193 § 4.) 

Section 371 i. A municipal corporation may transfer 
by ordinance duly passed, any property, real or personal, 
acquired or suitable for library purposes, to the trustees of 
any public library for the school district within which such 
municipal corporation is situated upon such lawful terms 
and conditions as are agreed to between the municipal cor- 
poration and trustees. (97 v. 133 § i.) 

Section 11067. When a railroad company, incorpo- 
rated in this state, has located its railroad through a part 
of reserved section twenty-nine or sixteen, or through a 
part of sections granted by congress instead of section six- 
teen for school purposes, and such lands remain unsold, or 
through a town lot or parcels of ground used for or de- 
voted to school purposes, it may appropriate so much of 
such land or lots as is necessary for its purposes. Service 
of the summons made on such trustees or school officers, 
as have possession or control of the lands, shall have the 
same force and effect as service in other cases on owners 
of land sought to be appropriated. The money arising from 
such appropriation must be disposed of by such trustees or 
school officers in accordance with law. (69 v. 88.) 

As the state held in many cases as a trustee sections 29 and 16, and the 
lands granted in lieu of section 16 for ministerial and school purposes, express 
authority was given by this section to appropriate a right of way through 
these lands: State v. Railway, 37 O. S. 157. 

Section 11084. When a corporation, authorized by 
law to make appropriation of private property or lands 
reserved for school purposes, has taken passession of and 
is occupying or using the land of any person or such school 
lands for any purpose and the land so occupied or used has 
not been appropriated and paid for by the corporation, or 
is not held by an agreement in writing with the owner 
thereof, or the trustees or school officers having possession 
or control of such school «iands, such owner or owners, or 
either of them, or such trustees or school officers, may serve 
written notice upon the corporation in the manner pro- 
vided for the service of summons against a corporation, to 
proceed under this chapter to appropriate the lands. On 
the failure of such corporation for ten days so to proceed, 
the owner or owners or such trustees or school officers may 
file a petition in the probate court of the proper county 
setting forth the fact of such use or occupation by the cor- 
poration, that the corporation has no right, legal or equit- 



SCHOOL AND MINISTERIAL LANDS. . 59 

able thereto and in cases of reserved section sixteen and 
twenty-nine or any part of sections granted by congress 
instead of section sixteen for school purposes no right, legal 
or equitable, derived from the trustees and officers named 
therein, that such notice has been duly served, that the time 
of limitation under the notice has elapsed, and such other 
facts, including a pertinent description of the land so used 
or occupied, as are proper to a full understanding of the 
case. (80 v. 114.) 



TITLE XIII. PUBLIC SCHOOL DISTRICTS. 



CHAPTER I. 
CLASSIFICATION OF DISTRICTS. 



Section 

4679. School districts classified. 

4680. City school districts. 

4681. Village school districts. 

46S2. Village with less than five hundred 
thousand valuation. 

4G82-1. When and how village school district 
may dissolve and join rural district. 

4683. Title passes to rural district. 

4684. County school district defined. 

4685. Territory must be contiguous. 

4686. Change of classification. 

4687. School district in newly created 

village. 



Section 



4688. 



4688-1. 

4688-2. 

4689. 
4690. 

4691. 
4692. 

4696. 



What village district may become ex- 
empt from supervision of county 
board. 

When a census of the population of 
village district may be taken. 

Village _ district exempt from county 
supervision ineligible to state aid. 

Disposal of property in such cases. 

Title to property when territory 
annexed to city or village. 

Attaching village territory. 

Transfer of territory from one school 
district to another. 

Apportionment of funds or indebted- 
ness when territory is transferred. 



School dis- 
tricts classi- 
fied. 



Section 4679. The school districts of the state shall 
l)e styled, respectively, city school districts, village school 
districts rural school districts and county school districts. 
(104 V. 133.) 

Cited: Christy v. Commissioners, 41 O. S. 711; Toledo v. Railway, 4 
O. C.C. 113, 2 O. C. D. 450; State, ex rel., v. Ryland, 7 O. C. C. 1, 396; 
State, ex rel., v. Board of Elections, 16 O. C. C. 1, 8 O. C. D. 215. 

A classification of school districts is held to be valid: State v. Brewster, 
39 O. S. 653. 

The school act of 1853 was passed in obedience to the mandate of Art. 
VI. of the Ohio constitution, and the purpose of the statute was to give to the 
common school system uniformity, harmony, unity and force throughout the 
state: Finch v. Board of Education, 30 O. S. 37. 

In spite of a statutory provision in the school law of May 1, 1873, that 
school districts were bodies politic and corporate, it was held that they were 
not corporations within the meaning of Art. XIII, Sec. 1 of the Ohio constitu- 
tion: State V. Powers. 38 O. S. 54. 

The provisions of this and the following sections relating to the classi- 
fications of school districts, were held to be applicable not merely to con- 
ditions existing when the statute was passed, but to be prospective in their 
operation: Eckstein v. Board of Education, 10 O. C. C. 480, 4 O. C. D. 149. 

When a newly incorporated village is formed with a tax 
duplicate of more than $100,000 such village becomes ipso facto a 
village school district, but when such village fails to elect a board 
of education when the village officers are elected, a special election 
for members of such board of education is not authorized by law. 
Such members can only be elected in the odd numbered years. 

When in a township there exists two or more districts uncon- 
nected and the village school district and the further special dis- 
trict is organized, the two subdistricts and the part of the town- 
ship not included in the village district or the special district, will 
all comprise parts of the township school district and will still 
remain under the jurisdiction of the township board of education. 
The village district also will remain under the control of the town- 
ship board of education until such time as it is properly organized 
after its members are elected. 

Under section 4748, General Code, when three out of five 
members of a township board of education become disqualified 
for that office by reason of the formation of a special school dis- 
trict, the two remaining members may fill such vacancies in the 
township board. 

60 



CLASSIFICATION OF DISTRICTS. 6l 

Inasmuch as there are no officers upon whom rests the min- 
isterial duty to organize the village district or to call an election 
for members of its board of education, such election may not be 
enforced by mandamus. The organization may be brought about 
by a sufficient number of electors taking steps to become candidates 
for the village board of education of the November election and 
the board of elections would be required to place their names upon 
the ballots and hold an election therefor. — Attorney General, 
1913, p. 460. 

The county board of education may not, under Section 4736, 
G. C, 104 O. L., 133, unite two village school districts into one 
single village district. Sections 4682-1 and 4683, G. C., control in 
such cases. — Attorney General, Opinion No. 36, Jan. 29, 1915. 

The county board of education has no authority under Section 
4736, G, C, as amended, 104 O. L., 138, to discontinue a rural 
school district and join it to a rural or village school district con- 
tiguous thereto. 

A county board having attempted to discontinue a rural 
school district by resolution of record, a copy of which has been 
filed with the county auditor, under the provisions of Section 4736, 
G. C., as amended, should rescind said resolution and furnish a 
copy of the rescinding resolution to the county auditor. A copy 
of such rescinding resolution should also be furnished to the 
clerks of the boards of education of the school districts mentioned 
in said former resolution. 

If the funds of such rural school district have been turned 
over to the treasurer of the board of education of the rural or 
village school district continguous thereto, as a result of the action 
of the county board of education, upon receipt of the notice as 
above provided, said funds should be returned to the treasury of 
the rural school district from which they were transferred. 

It is necessary, in order to abolish a rural school district that 
the question be submitted to a vote of the quailified electors of 
such district under the provisions of Section 4735, G. C. as 
amended, and supplemented by sections 4735-1 and 4735-2, G. C, 
104 O. L., 138. 

The question of centralization under provision of Section 
4736, G. C., as amended 104 O. L., 139, and the question of issuing 
bonds under provision of Section 7625, G. C, may be submitted to 
the qualified electors of a rural school district at one election. — 
Attorney General, Opinion 183, March 29, 1915. 

Section 4680. Each city together with the territory city school 
attached to it for school purposes, and excluding the ter- d:stncts. 
ritory within its corporate limits detached for school pur- 
poses, shall constitute a city school district. (97 v. 335.) 

Cited: Toledo v. Railway, 4 O. C. C. 113, 2 O. C. D. 450. 

The village of Loveland is located in three counties and is 
a part of three special school districts. In order to make the 
village of Loveland a special school district it will be necessary 
to get the approval of the three special school districts in the 
transfer of territory. The statutes provide a method whereby the 
three special school districts could be abandoned, and then the ' 
formation of one special school district would become an easy 
matter. The problem may be worked out either by abandoning the 
special school districts and organizing a village district, or by 
means of transferring the territory of the village from one dis- 
trict to another, so as to get the territory of the village in one 
school district. — Attorney General, 1913, p. 476. 

Under Section 4740, General Code, as amended, a village dis- 
trict already employing a superintendent, cannot join with a rural 
school district which never employed a superintendent and which 
said districts were never heretofore joined together for supervisory 
purposes by employing a superintendent in common upon applica- 



district 



62 CLASSIFICATION OF DISTRICTS. 

tion to the county board of education to be joined and continue as 
separate districts as authorized by said section. 

Under the recently enacted school code, appearing in 104, O. 
L., 133, school districts formerly designated as "special school dis- 
tricts" now constitute rural school districts, which said rural school 
districts are a part of the respective county school districts of the 
state. Part of any county school districts may be transferred to 
an adjoining school district or city or village school district by 
the mutual consent of the boards of education having control of 
such districts. — Attorney General, Opinion No. 1054, July 18, 1914. 

Village school SECTION 4681. Each village, together with the ter- 

ritory attached to it for school purposes, and excluding the 
territory within its corporate limits detached for school 
purposes, and having in the district thus formed a total tax 
valuation of not less than five hundred thousand dollars, 
shall constitute a village school district. (103 v. 545.) 

An incorporated village which forms part of a township 
school district, becomes ipso facto a village school district upon 
the attainment of a tax valuation of one hundred thousand dollars. 

Said village may attach territory for school purposes under 
section 4092, General Code, et seq. — Attorney General, 1911-12, p. 
537. 

By virtue of Section 4681, General Code, when a village 
attains a tax valuation of one hundred thousand dollars, it con- 
stitutes a village school district. When such village attains that 
valuation in 1911 it must, however, remain a part of the township 
school district under the jurisdiction of the township board of 
education until the members of the village district elected in 
November 1913 can be properly organized. 

When, therefore, in 1912 said township board engineered an 
election for the issuance of $20,000 worth of bonds for the erection 
of a high school building within the village, in which election, the 
electors of the entire township voted; held: That the situation has 
so changed that the board would be justified in declining to act 
upon the bond issue regardless of the results of the election. 

Under Section 4696, General Code, the funds and indebtedness 
. of the township school district should be equitably apportioned 
between the township and village district as therein provided. 

The statutes do not provide specifically for the disposition 
of the school building situated in the village but the decisions en- 
dorse the reasonability of permitting the newly created district to 
take title to school property within its limits and which was de- 
signed for is use, and such is to be deemed the policy of the law. — 
Attorney General, 1912, p. 1282. 

When a special school district becomes a village school dis- 
trict, either by the creation of a village having school property to 
the valuation of $100,000 or by vote of the electors when the 
valuation is less, the board of education of the special school dis- 
trict shall hold over until the board of education of the village 
school district is organized. 

When the village school district board is elected at a special 
election, the board shall organize on the second Monday after the 
special election. — Attorney General, 1912, p. 1526. 

Under Section 4681, General Code, when a village obtains a 
valuation of $100,000, it becomes ipso facto a village school dis- 
trict and in view of this statute, any attempt to transfer the village 
district to the township district would be useless. 

Section 4681, General Code, however, contemplates that terri- 
tory of the township which is contiguous to the village, may be 
attached to the village school district, and there is no legal objec- 
tion to making such transfers, under the procedure provided by 
Sections 4692 et seq.. General Code. 



CLASSIFICATION OF DISTRICTS. 63 

In making such transfer, however, its effect upon the right 
of centralization of schools should be considered. — Attorney Gen- 
eral, 1912, p. 1349. 

Under Section 4740, General Code, as amended, a village dis- 
trict already employing a superintendent, cannot join with a rural 
school district which never employed a superintendent and which 
said districts were never heretofore joined together for supervisory 
purposes by employing a superintendent in common upon appli- 
cation to the county board of education to be joined and continue 
as separate districts as authorized by said section. 

Under the recently enacted school code, appearing in 104, O. 
L., 133, school districts formerly designated as "special school 
districts" now constitute rural school districts, which said rural 
school districts are a part of the respective county school dis- 
tricts of the state. Part of any county school districts may be 
transferred to an adjoining shool district or city or village school 
district by the mutual consent of the boards of education having 
control of such districts. — Attorney General, Opinion No. 1054, 
July 18, 1914. 

By force of this section, each incorporated village existing when this 
section took effect, or since created, "together with the territory attached to 
it for school purposes and excluding the territory within its corporate limits 
detached for school purposes and having in the district thus formed a total tax 
valuation of not less than one hundred thousand dollars," constitutes and is 
a village school district, no vote of the electors of such village being necessary 
to the creation or establishment of such- district: Buchman v. State, ex rel. 
81 O. S. 171. 

Section 4682. A village, together with the territory Jis^fhan'^five 
attached to it for school purposes, and excluding the ter- hundred thou- 
ritory within its corporate limits detached for school pur- n^o" a^vi"fage" 
poses, with a tax valuation of less than five hundred thou- district, 
sand dollars, shall not constitute a village school district, 
but the proposition to organize the territory thus formed 
into a village school district may be submitted by the board 
of education, and shall be submitted by the board of edu- 
cation upon the presentation to it of a written petition for 
such purpose signed by 25 per cent, of the electors of the J^g^ni*" vii- 
territory thus formed, to a vote of the electors of the ter- [age school 
ritory thus formed at any general or a special election. called 
for that purpose, and be so determined by a majority vote 
of such electors. (103 v. 545.) 

An incorporated village which forms part of a township 
school district becomes ipso facto a village school district upon 
the attainment of a tax valuation of one hundred thousand dollars. 

Said village may attach territory for school purposes under 
section 4092, General Code, et seq. — Attorney General, 1911-1912, 
p. 537. 

Section 4682-1. A village school district containing a When and 
population of less than fifteen hundred may vote at any sch^or'dfs^tHct 
general or special election to dissolve and join any contig- "J^^j dissoWe^^ 
uous rural district. After approval by the county board district, 
such proposition shall be submitted to the electors by the 
village board of education on the petition of one-fourth of 
the electors of such village school district or the village 
board may submit the proposition on its own motion and 
the results shall be determined by a majority vote of such 
electors. (104 v. 133.) 

Section 4683. When a village school district is dis- Title passes 
solved, the territory formerly constituting such village dis- [rict"boar1i%f 
trict shall become a part of the contiguous rural district education. 



64 CLASSIFICATION OF DISTRICTS. 

which it votes to join in accordance with section 4682-1, 
and all school property shall pass to and become vested in 
the board of education of such rural school district. (104 
V. I33-) 

By virtue of sections 4723 and 4724, General Code, joint sub- 
districts are abolished and the territory of such districts situated 
in the township in which the school house of the joint sub-dis- 
trict is not located is attached for school purposes to the town- 
ship school district in which said school house is located and shall 
constitute a part of said township school district. 

Pupils of such attached territory, therefore, are entitled to 
conveyance to the centralized school, when the board abolishes 
sub-districts; the expense thereof to be paid out of the funds, of 
the township district. 

Under the terms of section 7730, General Code, providing 
such pupils live more than one and one-half miles from such 
school in accordance with section 7731, General Code, the fact that 
said officials have failed to make a map of attached territory 
which is to be made a part of the records of the board of education 
and a copy of which is to be filed with the auditor of the county 
in which the territory is situated, as provided by section 4724, 
General Code, does not operate to prevent the territory included in 
the joint sub-district and outside of the township becoming a part 
of the township school district as provided by section 4723, Gen- 
eral Code. — Attorney General, 1913, p. 1089. 

1. Where land is sought to be detached from a village school 
district, the tenant residing on said land is the proper person to 
petition for the detachment of the lands from said district. Such 
petition cannot be made by the owner of the land or by his 
trustee. 

2. No objection can be interposed to the transfer of said 
territory from the village school district to the township school 
district on the ground that a bonded indebtedness had been 
created, which now exists against the first mentioned district. — 
Attorney General, 1913, p. 1392. 

County school SECTION 4684. Each county, exclusive of the territory 

define^d. embraced in any city school district and the territory in 

any village school district exempted from the supervision 
of the county board of education by the provisions of sec- 
tions 4688 and 4688-1, and territory detached for school 
purposes, and including the territory attached to it for 
school purposes, shall constitute a county school district. 
In each case where any village or rural school district is 
situated in more than one county such district shall become 
a part of the county school district in which the greatest 
part of the territory of such village or rural district is 
situated. (104 v. 133.) 

The county commissioners may not lawfully transfer from 
the general county fund, or from the proceeds of any other county 
tax levies to supply deficiencies in the county board of education 
fund, in case there is no money available in the Sheep fund, under 
Section 5653, General Code, as amended. — Attorney General, 
Opinion No. 1142, September 12, 1914. 

The members of the county board of school exammers au- 
thorized by Section 7811, General Code, as amended, 104 O. L., 
102. are not subject to the civil service law. — Attorney General, 
Opinion No. 1177. Oct. 1, 1914. 

Bills for office supplies, stationery, etc., furnished to the 
county superintendent of schools, should be approved by the 



CLASSIFICATION OF DISTRICTS. 65 

county board of education and paid out of the county board of 
education fund on the warrant of the county auditor. — Attorney 
General, Opinion No. 144, March 17, 1915. 

Section 4685. The territory included within the Territory 
boundaries of a city, village or rural school district shall be tiguous.^ 
contiguous except where an island or islands form an in- 
tegral part of the district. (104 v. 133.) 

advancement and reduction. 

Section 4686. When a village is advanced to a city, change of 
the villag^e school district shall thereby become a city school f.lf^f,^*',^^^.".?.. 

. . . - , "^ .-, . . . < upon anvance— 

district. When a city is reduced to a village the city school ment or re- 
district shall thereby become a village school dis- 
trict. vThe members of the board of education in village 
school districts that are advanced to city school districts, 
and in city school districts that are reduced to village 
school districts shall continue in office until succeeded by 
the members of the board of education of the new district, 
who shall be elected at the next succeeding annual election 
for school board members. (98 v. 217.) 

When a village advances to a city by reason of the federal 
census, the village officials remain in office until the city officers 
elected in the next election have been inducted into office. 

The village board of education may determine the number 
of mem.bers to be elected to the city board of education but the 
power to appoint the city board of examiners resides only in the 
board elected under the city plan. 

The county certificates will be sufficient to carry teachers 
through the present year but for later periods a certificate must be 
obtained from the regularly appointed city board of school ex- 
aminers. —^/^<?r« ^3; General, 1911-1912, p. 562. 

When a village advances to a city by reason of the last 
federal census, the board of education of the village continues its 
duties until, the induction into office of the city board of education, 
but with the powers only of a village board of education. Such 
village board therefore, has the power only to appoint a superin- 
tendent for a term of three years as provided for villages under 
section 7705, General Code. 

An appointment by such board of a superintendent for a 
longer term as provided for cities under section 7702, General Code, 
is therefore void. — Attorney General, 1911-1912, p. 563. . . 

When a village school district, by reason of the last federal 
census, advances to a city school district, the members of the 
board of education of the old village district, under sections 4686 
and 4700, General Code, shall decide the number of members 
which shall compose the city board of education. 

The successors of the members of the board of education in 
such instance, shall be elected at the next annual election for 
school board members. 

A superintendent or teacher who had been elected for a legal 
term of years by said village board, may hold for said term under 
the' city school district regime.- — Attorney General, 1911-1912, 
p. 516. 

The appropriation and expenditure of taxes levied during the 
summer of 1910 for which settlement is made August 5, 1911, will 
be governed by the provisions of section 3797, General Code, and 
other related sections of the old law. 

Taxes collected in December, 1911, however, were levied 
under the Smith law and appropriations from these collections, 
must be made in accordance with section 5649-3d, General Code. — 
Attorney General, 1911-1912, p. 1561. 

5 s. I.. 



66 



CLASSIFICATION OF DISTRICTS. 



School district 
in newly 
created vil- 
lage. 



What village 
districts may 
become ex- 
empt from 
supervision of 
county board. 



When a cen- 
sus of thj 
population of 
village dis- 
trict may he 
taken. 



Section 4687. Upon the creation of a village, it shall 
thereby become a village school district, as herein provided, 
and, if the territory of such village previous to its creation 
was included within the boundaries of a rural school dis- 
trict and such rural school district included more territory 
than is included within the village, such territory shall 
thereby be attached to such village school district for school 
purposes, provided such territory has an area of less than 
sixteen square miles, (104 v. 133.) 

If a board of education of a township had established a central or high 
school under the provisions of former statute (S. & C. 1346; act of March 14, 
1853; amended S. & S. 712; act of May 14, 1868) and such board had erected 
a building in a subdistrict of such township for the use of such school, and 
by agreement between such board of education and the local directors of such 
subdistrict, such building was used for the central or high school and also for 
the school of such subdistrict, and subsequently, prior to the enactment of 
this statute in its earlier form, the territory included in such subdistrict was 
formed into an incorporated village after such central or high school had been 
established, it was held that the property of the central or high school and 
the management thereof did not pass to the board of edvication of the incor- 
ported village by virtue of this section in its original form: Board of Educa- 
tion V. Board of Education, 41 O. S. 680. 

Section 4688. The board of education of any village 
school district containing a village which according to the 
last federal census had a population of three thousand or 
more, may decide by a majority vote of the full member- 
ship thereof not to become a part of the county school dis- 
trict. Such village district by notifying the county board 
of education of such decision before the third Saturday of 
July, 1914, shall be exempt from the supervision of the 
board. (104 v. 133.) 

1. If a village school district, containing a village, which 
according to the last federal census, has a population of 3,000 or 
more, decides by a majority vote of the full membership thereof, 
not to become a part of the county school district, and notifies the 
county board of education of its decision before the third Saturday 
of July, 1914, as provided by Section 4688, General Code, then 
such village school district cannot after such date through its 
board of education rescind its action and become a part of the 
county school district. 

2. If such village school board, by its own action becomes 
a part of the county school district, because it does not act in 
accordance with Section 4688, General Code, then such village 
school district cannot through its board of education, at a later 
date, withdraw from the county school district, and again become 
a village school district. — Attorney General, Opinion 1015, June 
29, 1914. 

The term "Supervisor" as employed in Section 7811, 104 O. 
L., 102, is intended to apply to teachers who have had experience 
in overseeing or have had charge of schools with authority to 
direct or regulate matters in connection with the schools, either as 
an actual superintendent or in a supervisory capacity. The term, 
"exempted village school district" as employed in said section 7811, 
applies to village school districts which are exempt from county 
school districts by virtue of Sections 4688 and 4688-1, General 
Code, as amended in 104 O. L., 134. — Attorney General, Opinion 
1341, Dec. 29, 1914. 

Section 4688-1. The board of education of a village 
school district shall upon the petition of one hundred or 
more electors of such district, or upon its own motion may 
at any time order a census to be taken of the population of 
such district. One or more persons may be appointed by 



CLASSIFICATION OF DISTRICTS. 67 

the board to take such census. Each person so appointed 
shall take an oath or affirmation to take such census accur- 
ately and to the best of his ability. He shall make his re- 
turn under oath to the clerk of the board, and certified 
copies of such return shall be sent to the county auditor 
and superintendent of public instruction. If the census 
shows a population of three thousand or more in the village 
school district, and such census is approved by the superin- 
tendent of public instruction, such district shall, upon no- 
tification by the board of education of such village school 
district, be exempted, from the supervision of the county 
board of education. (104 v. 133.) 

The term "Supervisor" as employed in Section 7811, 104 O. 
L., 102, is intended to apply to teachers who have had experience 
in overseeing or have had charge of schools with authority to 
direct or regulate matters in connection with the schools, either as 
an actual superintendent or in a supervisory capacity. The term 
"exempted village school district" as employed in said section 7811, 
applies to village school districts which are exempt from county 
school districts by virtue of Sections 4688 and 4688-1, General 
Code, as amended in 104 O. L., 134. — Attorney General, Opinion 
1341, Dec. 29, 1914. 

Section 4688-2. All village school districts . which village dis- 
are exempted from the supervision of the county board of So^m ^coITntV 
education as provided in sections 4688 and 4688-1 are supeiyidon 

... . . ineliKible to 

thereby rendered ineligible to receive state aid for purposes to certain 
of supervision and teachers training courses and for the *^^^^ "'^' 
grading of schools as provided in section 7655-5 of the 
General Code. (104 v. 133.) 

Section 4689. The provisions of law relating to the Disposal of 
power to settle claims, dispose of property or levy and col- ^^ch^'cases" 
lect taxes to pay existing obligations of a village that has 
surrendered its corporate powers, shall also apply to such 
village school district and the board of education thereof. 
(104 V. 133.) 

Section 4690. When territory is annexed to a city Title to prop- 
or village, such territory thereby becomes a part of the city territory^"an- 
or village school district, and the legal title to school prop- nexed to city 
erty in such territory for school purposes shall remain °^ ^' ^^^' 
vested in the board of education of the school district from 
which such territory was detached, until such time as may 
be agreed upon by the several boards of education when 
such property may be transferred by warranty deed. (104 
V. I33-) 

By virtue of Section 4681, 'General Code, when a village 
attains a tax valuation of one hundred thousand dollars, it con- 
stitutes a village school district. When such village attains that 
valuation in 1911, it must, however, remain a part of the township 
school district under the jurisdiction of the township board of 
education until the members of the village district elected in 
November 1913 can be properly organized. 

When, therefore, in 1912, said township board engineered an 
election for the issuance of $20,000 worth of bonds for the erec- 
tion of a high school building within the village, in which elec- 
tion, the electors of the entire township voted; held: That the 



68 CLASSIFICATION OF DISTRICTS. 

situation has so clian:jed tliat the board would be justified in 
declining to act upon the bond issue regardless of the results of the 
election. 

Under Section 4696, 'General Code, the funds and indebtedness 
of the township school district should be equitably apportioned 
between the township and village district as therein provided. 

The statutes clo not provide specifically for the disposition of 
the school building situated in the village but the decisions endorse 
the reasonability of permitting the newly created district to take 
title to school property within its limits and which was designed for 
is use, and such is to be deemed the policy of the law. — Attorney 
L^cneral, 1912, p. 1282. 

Attaching vii- SECTION 4691. When territory located within the cor- 

lage territory, pgrate Hmits of a village is attached for school purposes 
to a district other than the village school district, and the 
Loards of education of the districts are unal)le to agree as 
to the transfer of such territory, the board of education of 
the village school district may file a petition in the probate 
court, asking 'for the transfer of territory within the cor- 
porate limits of the village, and the probate court shall 
have the same jurisdiction and powers as are provided by 
the preceding section in case of disagreement between 
boards. (99 v. 117.) 

Section 4692. The county board of education may 
transfer a part or all of a school district of the county 
school district to an adjoining district or districts of the 
county school district. Such transfer shall not take effect 
until a map is filed with the auditor of the county in which 
the transferred territory is situated, showing the boundaries 
of the territory transferred, and a notice of such poposed 
tansfer has been posted in thee conspicuous places in the 
district or districts proposed to be transferred, or printed 
in a paper of general circulation in said county, for ten 
days; nor shall such transfer take effect if a majority of the 
qualified electors residing in the territory to be transferred, 
shall, within thirty days after the filing of such map, file 
with the county board of education a written remonstrance 
against such proposed transfer. If an entire district be 
transferred the board of education of such district is 
thereby abolished or if a member of the board of education 
lives in a part of a school district transferred the member 
becomes a non-resident of the school district from which 
he was transferred and ceases to be a member of such board 
of education. The legal title of the property of the board 
of education shall become vested in the board of education 
of the school district to which such territory is transferred. 
The county board of education is authorized to make an 
equitable division of the school funds of the transferred 
territory either in the treasury or in the course of collec- 
tion. And also an equitable division of the indebtedness of 
the transferred territory. (106 v. 396.) 

When a joint school district prior to the codification of the 
school laws, was composed of part of the two townships, P. and 
S., the school house of said joint district being located within the 
lines of 'T" township and the voters of "P" township, under sec- 



CLASSIFICATION OF DISTRICTS. 



69 



tion 4726, General Code, have voted for the centralization of 
schools, held : 

That the territory of the entire joint subdistrict becomes a 
part of the centralized "P" township school district. 

That the voters of the part of the joint district territory lying 
in *'S" township, are entitled to vote upon the question of a bond 
issue authorized by section 7625, General Code, and promoted by 
"P" township, provided that the "S" township school district has 
not centralized its schools and thereby acquired through section 
4725, General Code, jurisdiction of that part of the former joint 
township school district which lies within "S" township. 

Except by fullfillment of the conditions provided for in sec- 
tion 4725, General Code, there is no way that the territory in "S" 
township attached to the "P" township school district can be de- 
tached from the "P" township without the consent of residents and 
the school board of the "S" township. — Attorney General, 1911-12, 
p. 1400. 

Where land is sought to be detached from a village school 
district, the tenant residing on said land is the proper person to 
petition for the detachment of the lands from said district. Such 
petition cannot be made by the owner of the land or by his trustee. 

No objection can be interposed to the transfer of said ter- 
ritory from the village school district to the township school dis- 
trict on the ground that a bonded indebtedness had been created, 
which now exists against the first mentioned district. — Attorney 
General, 1913, p. 1392. 

Under Section 4740, General Code, as amended, a village dis- 
trict already employing a superintendent, cannot join with a rural 
school district which never employed a superintendent and which 
said districts were never heretofore joined together for supervisory 
purposes by employing a superintendent in common upon applica- 
tion to the county board of education to be joined and continue 
as separate districts as authorized by said section. 

Under the recently enacted school code, appearing in 104, O. 
L., 133, school districts formerly designated as "special school dis- 
tricts" now constitute rural school districts, which said rural 
school districts are a part of the respective county school districts 
of the state. Part of any county school district may be transferred 
to an adjoining school district or city or village school district by 
the mutual consent of the boards of education having control of 
such districts. — Attorney General, Opinion No. 1054, July 18, 
1914. 

When territory is transferred from one rural or village school 
district to another, the equitable division of funds or indebtedness 
required by statute to be made shall be determined upon at the 
time of the transfer, by the county board of education, which, 
under Section 4736, General Code, has exclusive power to make 
such transfer. 

The indebtedness apportioned to the transferred district in 
accordance with, the statute becomes a general indebtedness of the 
whole district, and does not attach only to the transferred terri- 
tory. — Attorney General, Opinion No. 1193, Oct. 8, 1914. 

Section 4696. A county board of education may 
transfer a part or all of a school district of the county school 
district to an adjoining exempted village school district or 
city school district, or to another county school district, 
provided at least fifty per centum of the electors of the ter- 
ritory to be transferred petition for such transfer. Pro- 
vided, however, that if at least seventy-five per cent of 
the electors of the territory petition for such transfer, the 
county board of education shall make such transfer. No 
such transfer shall be in efifect until the county board of 
education and the board of education to which the territory 



Apportion- 
ment of 
funds or in- 
debtedness 
when terri- 
tory is trans- 
ferred. 



70 CLASSIFICATION OF DISTRICTS. 

is to be transferred each pass resolutions by a majority vote 
of the full membership of each board and until an equitable 
division of the funds or indebtedness be decided upon by 
the boards of education acting in the transfer; also a map 
shall be filed with the auditor or auditors of the county or 
counties affected by such transfer. (io6 v. 396.) 

By virtue of Section 4681, General Code, when a village at- 
tains a tax valuation of one hundred tliousand dollars, it con- 
stitutes a village school district. When such village attains that 
valuation in 1911 it must, however, remain a part of the township 
school district under the jurisdiction of the township board of 
education until the members of the village district elected in 
November, 1913, can be properly organized. 

When, therefore, in 1912 said township board engineered an 
election for the issuance of $20,000 worth of bonds for the erection 
of a high school building within the village, in which election, the 
electors of the entire township voted, held: That the situation has 
so changed that the board would be justified in declining to act upon 
the bond issue regardless of the results of the election. 

Under Section 4696, General Code, the funds and indebted- 
ness of the township school district should be equitably appor- 
tioned between the township and village district as therein pro- 
vided. 

The statutes do not provide specifically for the disposition 
of the school building situated in the village but the decisions 
endorse the reasonability of permitting the newly created district 
to take title to school property within its limits and which was 
designed for is use, and such is to be deemed the policy of the 
law. — Attorney General, 1912, p. 1282. 



CHAPTER 2. 
CITY SCHOOL DISTRICTS. 



Section 

4698. Boards in city school districts. 

4699. Number of members determined. 

4701. Election of additional members. 

4702. Term. 

4703. Electors in attached territory entitled 

to vote. 



Section 

4704. Submission of question of number of 

members. 

4705. When and how plans shall be sub- 

mitted. 

4706. Election; expense. 

4707. Adoption of by majority vote. 



Section 4698. In city school districts containing ac- Boards in city 
cording to the federal census a population of less than 50,'- ^^jj.°°^ '^'^" 
000 persons, the board of education shall consist of not less 
than three members nor more than five members elected at 
large by the qualified electors of such district. 

In city school districts containing according to the fed- 
eral census a population of 50,000 persons or more, but less 
than 150,000 persons, the board of education shall consist 
of not less than two members nor more than seven members 
elected at large by the qualified electors of the school dis- 
trict, and of not less than two members nor more than 
twelve members elected from subdistricts by the qualified 
electors of their respective subdistricts. 

In city school districts containing according to the fed- 
eral census a population of 150,000 persons or more, the 
board of education shall consist of not less than five nor 
more than seven members elected at large by the qualified 
electors of such district; the office of subdistrict member 
in boards of education in all such city school districts is 
hereby abolished and the terms of members elected from 
subdistricts shall terminate on the day preceding the first 
Monday in January, 1914. (103 v. 275.) 

When a village school district, by reason of the last Federal 
census advances to a city school district, the members of the 
board of education of the old village district under Sections 4686 
and 4700, General Code, shall decide the number of members which 
shall compose the city board of education. 

The successors of the members of the board of education in 
such instance, shall be elected at the next annual election for 
school board members. 

A superintendent or teacher who had been elected for a 
legal term of years by said village board, may hold for said term 
under the city school district regime. — Attorney General, 1911-12, 
p. 516. 

When the Federal census shows a city to have passed the 
fifty thousand population mark and the city school district con- 
sequently passes from the first to the second class, it is necessary, 
under Section 4703, General Code, to elect all the members of the 
board of the second class and the term of the members of the 
board under the first class regime shall be cut off, upon the induc- 
tion into office of said board of the second class. 

The contrary rule prevails under Section 4707, General Code, 
when a city school district of the second class is redistricted, and 

71 



72 



CITY SCHOOL DISTRICTS. 



Number of 
members de- 
termined; 
how. 



Division into 
sub-districts. 



Redistricting. 



Election of 
additional 
members, 
when. 



the terms of members shall not be affected thereby. — Attorney 
General, 1911-12, p. 524. 

As to boards of education see G. C. Sec. 4745, et seq. 

As to female suffrage in school elections see G. C. Sec. 4862. 

The uniformity of operation of this and the following section is 
destroyed by force of the terms of the act, and as amended this act is there- 
fore unconstitutional and void. Previous to its amendment this act was gen- 
eral in character and so far as its terms were concerned, operated uniformly 
throughout the state, and divested of the amendment the act is unconstitu- 
tional: State, ex rel., y. Withrow, 11 O. C. C. (N. S.) 569. 

Section 4699. Within thirty days after this act shall 
take effect, the board of education of each and every city 
school district in which the number of members does not 
conform to the provisions of section 4698 shall by resolution 
determine within the limits prescribed by said sections the 
number of members of said board of education. Said reso- 
lution shall provide for the classification of the terms of 
members so that they will conform to the provisions of sec- 
tion 4702, General Code, taking into consideration the terms 
of office of the existing members whose terms do not expire 
or terminate on the day preceding the first Monday in Janu- 
ary, 1914. At the same time such boards of education in 
city school districts containing according to the federal 
census a population of 50,000 persons or over, but less than 
150,000 persons shall subdivide such city school district 
into subdivisions equal in number to the number of mem- 
bers of the board of education in the district, who are to 
be elected from subdistricts therein so established. Such 
subdistricts shall be bounded, as far as practicable, by cor- 
poration lines, streets, alleys, avenues, pubhc grounds, ca- 
nals, water courses, ward boundaries, voting precinct 
boundaries, or present school district boundaries, and shall 
be as nearly equal in population as possible and be com- 
posed of adjacent and as compact territory as practicable. 
Such subdivision shall be numbered from one up consecu- 
tively and the lines thereof so fixed shall not be changed 
until after each succeeding federal census. 

Within three months after the official announcement 
of the result of each succeeding federal census, the board 
of education of each city school district which according to 
such census shall have a population of 50,000 persons or 
over and less than 150,000 persons, shall redistrict such 
district into subdistricts in accordance with the provisions 
of this chapter. If the board of education of any such dis- 
trict fails to district or redistrict such city school district, 
as herein required then the state superintendent of public 
instruction shall forthwith district or redistrict such city 
school district, subject to the requirements of this chapter. 
(103 v. 275.) 

A board of education is not liable in its corporate capacity for damages 
sustained by a puoil while attending the common schools, cavised by the negli- 
gence of the board in the discharge of its official duty in erecting and main- 
taining a common school building, in the absence of a statute creating such 
liability: Finch v. Board of Education, 30 O. S. 37. 

Sectiion ZI.70T. Whenever the number of members 
of the board of education of a city school district, as fixed 
by the resolution provided for in section 469Q, shall be more 
than the number of members whose terms will not expire or 



CITY SCHOOL DISTRICTS. 



73 



terminate on the day preceding the first Monday in Janu- 
ary, 1914, the additional members of such board shall be 
elected at the general school election in the year 191 3 for 
such terms of two or four years as may be necessary to 
comply with the two provisions of sections 4698 and 4702. 
Whenever the number of members of any such board 
of education shall by the resolution provided for in said 
section 4699 be fixed at less than the number of members 
of said board whose terms do not expire or terminate on the 
day preceding the first Monday in January, 1914, the mem- 
ber or members to retire shall be determined by lot from Retiring mem- 
among those whose terms would expire on the day preced- min^g/^briot 
ing the first Monday in January, 1916, lots being cast among 
members elected at large and among members elected from 
subdistricts separately, and the terms of office of those on 
whom the lot falls shall expire on the day preceding the 
first Monday in January, 1914. (103 v. 275.) 

Inasmuch as under Section 4701, General Code, the prosecut- 
ing attorney is obliged to prosecute all actions against members of 
a village board of education for misfeasance or malfeasance in 
office considerations of public policy will not permit that official 
to hold a position on such board of education. — Attorney General, 
1912, p. 1523. 

Where in a city of less than 50,000 population three members 
are elected on the school board when only two should have been 
elected, the better way to clear up the situation is to declare that 
the two members receiving the highest number of votes at the 
November election are elected. If this is not satisfactory to all 
concerned the dissatisfied party can proceed in court in a proper 
manner. — Attorney General, 1913, p. 1597. 

Section 4702. The term of office of all members of xerm. 
boards of education in city school districts, except as pro- 
vided in section 4701, shall be four years. All members in 
office at the time this act takes effect shall serve the un- 
expired portions of the terms for which they were respec- 
tively elected and until their successors are elected and 
qualified, unless their terms shall expire or shall have been 
terminated as provided by sections 4698 and 4701. 

If the number of members of a board of education of when mem- 
any city school district to be elected at large as fixed pur- ^^^ elected, 
suant to section 4699 be even, one-half thereof shall be 
elected in the year preceding, and the remaining half in the 
year following the calendar year divisible by four. If such 
number be odd, one-half of the remainder after diminish- 
ing the number by one shall be elected in the year preced- 
ing, and the remaining number shall be elected in the year 
following the calendar year divisible by four. All members 
to be elected from odd numbered subdistricts shall be elec- 
ted at one and the same election, and all members from 
even numbered subdistricts shall be elected at the alternate 
election. (103 v. 275.) 

Where in a city of less than 50,000 population three members 
are elected on the school board when only two should have been 
elected, the better way to clear up the situation is to declare that 
the two members receiving the highest number of votes at the 



74 



CITY SCHOOL DISTRICTS. 



Electors in at- 
tached terri- 
tory entitled 
to vote. 



November election are elected. If this is not satisfactory to all 
concerned the dissatisfied party can proceed in court in a proper 
manner. — Attorney General, 1913, p. 1597. 

Section 4703. When territory is attached to a cit}^ 
school district for school purposes, the electors residing ir. 
said attached territory shall be entitled to vote for school 
officers and on all school questions in said district. It shall 
be the duty of the board of education of such city school 
district to assign such territory to the adjoining election 
precinct or precincts of said district and to have a map 
prepared showing such assignment, which shall be made a 
part of the records of said board. The electors residing in 
such attached territory shall be entitled to vote in the pre- 
cincts to which they are assigned, but in case no assignment 
is made by the board of education, each elector shall vote 
in the precinct nearest his residence. 

An elector residing in a city but not in the city school 
district of said city shaU not be entitled to vote in said 
city school district. (103 v. 275.) 

When the Federal census shows a city to have passed the 
fifty thousand population mark and the city school district con- 
sequently passes from the first to the second class, it is necessary, 
under Section 4703, General Code, to elect all the members of the 
board of the second class and the term of the members of the 
board under the first class regime shall be cut off, upon the induc- 
tion into office of said board of the second class. 

The contrary rule prevails under Section 4707, General Code, 
when a city school district of the second class is redistricted, and 
the terms of members shall not be affected thereby. — Attorney 
General, 1911-12, p. 524. 



Submission of 
question of 
number of 
members. 



Commission to 
frame plans 
of organiza- 
tion for sub- 
mission. 



Section 4704. If, at any time, a petition signed by 
ten (10%) per cent of the electors in any district shall 
be filed with the clerk of the board of education of such 
district asking that the question what shall be the num- 
ber of members and what the organization of the board of 
education of such district be submitted to the electors 
thereof, such board of education shall within thirty days 
after the filing of such petition provide by resolution for 
submitting such question to the electors of such district. 
Such question shall not be submitted to a referendum vote 
more than once in any period of four years and the per- 
centage of electors required to sign such petition shall be 
based upon the total vote cast at the last preceding gen- 
eral school election. 

Said resolution shall require that such question shall 
be submitted at the next regular school election and shall 
also provide for the appointment of a commission to frame 
two or more plans of organization for submission as above 
provided. Said commission shall consist of seven members, 
three of whom shall be appointed by the president of the 
board of education of such district, two by the mayor of 
the city in which such district is embraced and two by the 
president of the board of sinking fund trustees of such city. 



CITY SCHOOL DISTRICTS. 75 

A certified copy of said resolution shall immediately 
after its passage be transmitted to the mayor and president 
of the board of sinking fund trustees of said city and such 
commission shall be appointed and shall organize within 
sixty days after the passage of said resolution. (103 v. 
275.) 

The removal from a city school district, indefinitely, of a 
member of a board of education creates a vacancy in said board. — 
Attorney General, Opinion No. 990, June 19, 1914. 

Section 4705. Said commission shall prepare and when and 
submit to the electors at the next general school election, if gj^^j be"sub- 
one occur not less than one hundred and twenty days after mitied and for 
the passage of said resolution, otherwise, at the second gen- shall provide, 
eral school election, two or more plans for the organization 
of the board of education in such district, but in no event 
shall less than two plans be submitted. Each' plan shall 
provide for the number of members, the length of term 
of the members and the organization of the board ; one 
plan so submitted shall provide for a board of the same 
number and of the same organization as the board exist- 
ing in said district at the time of said election. Said plans 
shall be submitted to the electors of said district on a sep- 
arate ballot, bearing no party designation and in such form 
as said commission may determine. A certified copy of the 
resolution determining such form shall be transmitted by 
said commission to the proper election authorities a sufficient 
length of time prior to said election to enable the ballot 
therefor to be prepared. (103 v. 275.) 

The board of education is not vested with any power to 
refuse admission to pupils who have attained the age of six years, 
durins: the session of a school term. — Attorney General, 1911-12, 
p. 1018. 

Section 4706. Provision shall be made by the board Election; ex- 
of deputy state supervisors and insepctors of election or p^"^^- 
other board or officer having charge of elections within any 
district for the preparation of the ballots for the holding of 
said election as hereinbefore provided and said election 
shall be conducted in all respects not herein specifically pro- 
vided for, in a manner prescribed by general law for school 
elections. 

The board of education of such district shall make 
such provision as is necessary for meeting the expense of 
said commission, but Said commissioners shall receive no 
compensation. (103 v. 275.) 

Section 4707. If any plan so submitted shall receive Adoption of 
a majority of the number of votes cast for all of the plans, ^1^^^^°"^^ 
it shall thereafter become the law governing the number of 
members and the organization of the board of education 
in such district and at the next general school election fol- 
lowing the adoption of such plan all of the members of the 
board of education of such district shall be elected pursuant 
to such plan. 



76 CITY SCHOOL DISTRICTS. 

Expiration of ^^^ tcrms of all members of the board of education of 

terms. such district who may have been elected prior to the adop- 

tion of such plan, or who may be elected at the general 
school election at which such plan is adopted, shall expire 
OH the day preceding the first Monday of January follow- 
ing the next general school election thereafter. All mem- 
bers elected at said general school election following the 
adoption of such plan shall take office on the first Monday 
of January next following their election and shall hold 
office during such term or terms as may be provided by 
such plan adopted by the electors of said district, but no 
terms shall be for less than two years. (103 v. 275.) 

When the Federal census shows a city to have passed the 
fifty thousand population mark and the city school district con- 
sequently passes from the first to the second class, it is necessary, 
under Section 4703, General Code, to elect all the members of 
the board of the second class and the term) of the members of the 
board under the first class regime shall be cut off, upon the induc- 
tion into of^ce of said board of the second class. 

The contrary rule prevails under Section 4707, General Code 
when a city school district of the second class is redistricted, and 
the terms of members shall not be affected thereby. — Attorney 
General, 1911-12, p. 524. 



CHAPTER 3. 
VILLAGE SCHOOL DISTRICTS. 



Section 

4708. Board of education in village districts. 

4709. Terms of members chosen at first elec- 

tion. 



Section 

4710. Election in newly created village. 

4711. Assignment of electors in attached tci- 

ritory for voting purposes. 



Section 4708. In village school districts, the board Board of edu- 
of education shall consist of five members elected at lars^e ^^Von in 

, ,1 ,• • • ^ rr- i i i • Village dlS- 

at the same time as municipal omcers are elected and m tricts. 
the manner provided by law. (97 v. 341.) 

When a special school district becomes a village school dis- 
trict, either by the creation of a village having school property to 
the valuation of $100,000 or by vote of the electors when the valua- 
tion is less, the board of education of the special school district 
shall_ hold over until the board of education of the village school 
district is organized. 

When the village school district board is elected at a special 
election, the board shall organize on the second Monday after the 
special election. — Attorney General, 1912, p. 1526. 

Section 4709. At the first election in such district, Terms of 

a board of education shall be elected, two members to serve l^^^ilf L r.c. 

for two years and three to serve for four years. At the election. 
proper municipal election held thereafter, their successors 
shall be elected for a term of four years. (97 v. 341.) 

When a special school district becomes a village school dis- 
trict, either by the creation of a village having school property to 
the valuation of $100,000 or by vote of the electors when the 
valuation is less, the board of education of the special school dis- 
trict shall hold over until the board of education of the village 
school district is organized. 

When the village school district board is elected at a special 
election, the board shall organize on the second Monday after the 
special election. — Attorney General, 1912, p. 1526. 

When a newly incorporated village is formed with a tax 
duplicate of more than $100,000, such village becomes ipso facto a 
village school district, h'^^^ when such village fails to elect a boird 
of education when the village officers are elected, a special election 
for members of such board of education is not authorized by law. 
Such members can only be elected in the odd numbered years. 

When in a township there exists two or more districts un- 
connected and the village school district and the further special 
district is organized, the two subdistricts and the part of the town- 
ship not included in the village district or the special district, will 
all comprise .parts of the township school district and will still 
remain under the jurisdiction of the township board of education. 
The village district also will remain under the control of the town- 
ship board. 

Under section 4748, General Code, when three out of five 
members of a township board of education become disqualified 
for that office by reason of the formation of a special school dis- 
trict, the two remaining members may fill such vacancies in the 
township board. 



78 



VILLAGE SCHOOL DISTRICTS. 



Election in 
newly created 
village. 



Appointment 
of board of 
education un 
failure to 
elect. 



Organization 
of board. 



Inasmuch as there are no officers upon whom rests the min- 
isterial duty to organize the village district or to call an election 
for members of its board of education, such election may not be 
enforced by mandamus. The organization may be brought about 
by a sufficient number of electors taking steps to become candidates 
for the village board of education at the November election and 
the board of elections would be required to place their names 
upon the ballots and hold an election therefor. — Attorney General, 
1913, p. 460. 

Section 4710. In villages hereafter created, a board 
of education shall be elected as provided in the preceding 
section, \\1ien villages hereafter created, or which have 
been heretofore created, fail or have failed to elect a board 
of education as provided in the preceding section, the com- 
missioners of the county to which said district belongs, 
shall appoint such board, and the members so appointed 
shall serve until their successors are elected and qualified. 
The successors of the members so appointed, shall be elec- 
ted at the first election for members of the board of educa- 
tion held in such district after such appointment; two mem- 
bers to serve for two years and three members for four 
years, and thereafter their successors shall be elected in the 
manner and for the term as provided by section 4709 of 
the General Code. The board so appointed by the county 
commissioners shall organize on the second Monday after 
their appointment. If the members of such board are elec- 
ted at a special election held in such district the members 
so elected shall serve for the term indicated in the preceding 
section, from the first Monday in January after the preced- 
ing election for members of the board of education and 
the board shall organize on the second Monday after such 
election. (103 v. 166.) 

When a special school district becomes a village school dis- 
trict, either by the creation of a village having school property to 
the valuation of $100,000 or by vote of the electors when the 
valuation is less, the board of education of the special school dis- 
trict shall hold over until the board of education of the village 
school district is organized. 

_When the village school district board is elected at a special 
election, the board shall organize on the second Monday after the 
special election. — Attorney General, 1912, p. 1526. 

By virtue of Section 4681, General Code, when a village 
attains a tax valuation of one hundred thousand dollars, it con- 
stitutes a village school district. When such village attains that 
valuation in 1911 it must, however, remain a part of the township 
school district under the jurisdiction of the township board of 
education until the members of the- village district elected in 
November, 1913, can be properly organized. 

When, therefore, in 1912 said township board engineered an 
election for the issuance of $20,000 worth of bonds for the erection 
of a high school building within the village, in which election, the 
electors of the e'-' i'-e tov/nsMp voted, held: That the situation has 
so changed that the board would be justified in declining to act 
upon the bond issue regardless of the results of the election. 

Under Section 46^6, General Code, the funds and indebtedness 
of the township school district should be equitably apportioned be- 
tween the township and village district as therein provided. 

The statutes do not provide specifically for the disposition 
of the school building situated in the village but the decisions 
endorse the reaspnability of permitting the newly created* district 



VILLAGE SCHOOL DISTRICTS. 79 

to take title to scliool property within its limits and which was 
designed for is use, and such is to be deemed the policy of the 
law. — Attorney Genenal, 1912, p. 1282. 

V\ hen a newly incorporated village is formed with a tax 
duplicate of more than $100,000, such village becomes ipso facto 
a village school district, but when such village fails to elect a board 
of education when the village officers are elected, a special election 
for members of such board of education is not authorized by law. 
Such members can only be elected in the odd numbered years. 

When in a township there exists two or more districts un- 
connected and the village school district and the further special 
district is organized, the two subdistricts and the part of the town- 
ship not included in the village district or the special district, will 
all comprise parts of the township school district and will still 
remain under the jurisdiction of the township board of education. 
The village district also will remain under the control of the town- 
ship board. 

Under section 4748, General Code, when three out of five 
members of a township board of education become disqualified for 
that office by reason of the formation of a special school district, 
the two remaining members may fill such vacancies in the town- 
ship board. 

Inasmuch as there are no officers upon whom rests the min- 
isterial duty to organize the village district or to call an election 
for members of its board of education, such election may not be 
enforced by mandamus. The organization may be brought about 
by a sufficient number of electors taking steps to become candi- 
dates for the village board of education at the November election 
and the board of elections would be required to place their names 
upon the ballots and hold an election therefor. — Attorney General, 
1913, p. 460. 

Prior to the amendment of 97 v. 341 rt was held that the inhabitants of 
the village district, and not those of the village as such, could vote at the 
election for members of the board of education; that is, if any territory of 
the village was attached for school purposes the inhabitants of such territory 
could not vote for the members of the board of education: State, ex rel., v. 
Raine, 4 O. C. C. 72. 

Where, at the first election of the members of the board of edaication, 
under this section, the office and term thereof are not indicated on the ballot, 
no election is had and the old members of the board for such former districts 
hold over: State, ex rel., v. Shafer, 18 O. C. C. 525. 

Section 471 i. Electors, residing in territory attached Assignment 
to a village district for school purposes, may vote for school of electors in 
offices and on all school questions at the proper voting place ritory^fcr^'^ 
in the village to which the territory is attached. If the posS^ ^^^' 
village is divided into precincts, the board of education of 
the village school district shall assign such attached ter- 
ritory to the adjoining precinct or precincts of the village, 
and have a map prepared showing such assignment, which 
map shall be made a part of the records of the board. Elec- 
tors residing in such attached territory may vote in the 
precinct to which they are assigned, but, if no assignment 
of territory is made, they shall vote in the precinct nearest 
their residence. An elector residing in the village but not 
in the village school district shall not vote in such village 
school district. (97 v. 341.) 



CHAPTER 4. 
RURAL SCHOOL DISTRICTS. 

Section 1 Section 

4712. Boards of education in rural school 4715. Compensation of members of board. 

districts. ] 4726. Centralization to be submitted to vote. 

4714. Assignment of electors in attached 1 4727. The centralization may be submitted 

territory. [ after "three years. 

Board of edu- SECTION 47 1 2. In rural school districts, the board of 

r^raT school cducation shall consist of five members elected at large at 
districts. the same time township officers are elected and in the man- 

ner provided by law, for a term of four years. (104 v. 
I33-) 

In the case of vacancies in a school board filled by appoint- 
ment Section 10, General Code, provides that a successor shall be 
elected for the unexpired term at the first general election for 
such ofiice if such vacancy occurs more than thirty days before any 
election. 

Such appointee, however, has the same right as an elective 
officer to hold over until his successor is elected and qualified. 

Where at an election, five positions were to be filled, two for 
four years and three for approximately two years and there was 
no designation upon the ballot to determine who were the can- 
didates for the long term and who were the condidates for the 
short termi, the terms were not definitely settled and there was no 
valid election. — Attorney General, 1912, p. 1102. 

Assignment SECTION 4714. (Electors residing in a rural school 

of electors in district may vote for school officers and on all school 

tory for qucstious at the proper voting place in the township in 

poses! ^^^' which such district is located. If the township is divided 

into different voting precincts, the board of education of 

such district shall assign the voters thereof to the proper 

precinct or precincts, and a map shall be prepared showing 

such assignment, which map shall be made a part of the 

records of the board. Electors may vote according to such 

assignment, but, if no assignment of territory is made, 

they shall vote, in the precinct nearest their residence. ( 104 

V. I33-) 

Contrary to the general rule of policy that a member of a 
board may not hold a salaried position under such board, special 
provision of statute makes it possible for a member of a board of 
education to serve as its clerk and receive the salary for both 
position. — Attorney General, 1911-12, p. 1089. 



of board. 



Compensation SECTION 4715. Each member of the board of educa- 

of members tiou of rural school districts, except such districts as con- 
tain less than sixteen square miles, shall receive as compen- 
sation two dollars for each regular meeting .actually attended 
by such member, but for not more than five meetings in any 
year. The compensation allowed members of the board 
shall be paid from the contingent fund. (104 v. 133.) 

80 



RURAL SCHOOL DISTRICTS. 8l 

Members of former township boards of education take their 
salaries for the year 1914 under the statute prior to amendment. 
After that they take under the amended statute. — Attorney Gen- 
eral^ Opinion No. 1283, Dec. 8, 1914. 

Where there has been no assignment of the voters of a rural 
school district by the Board of Education under section 4714, G. C, 
the electors of the rural school district shall vote for school of- 
ficers and on all school questions in the precinct in which they 
reside. — Attorney General, Opinion 104, 1915. 

Section 4726. A rural board of education may sub- Question of 
mit the question of centralization, and, upon the petition of to"b?^s^ub-^" 
not less than one- fourth of the qualified electors of such ^^^^^ *° 
rural district, or upon the order of the county board of 
education, must submit such question to the vote of the 
qualified electors of such rural district at a general elec- 
tion or a special election called for that purpose. If more 
votes are cast in favor of centralization than against it, 
at such election, such rural board of education shall pro- 
ceed at once to the centralization of the schools of the rural 
district, and if necessary, purchase a site or sites and erect 
a suitable building or buildings thereon. If, at such elec- 
tion, more votes are cast against the proposition of cen- 
tralization than for it, the question shall not again be sub- 
mitted to the electors of such rural district for a period of 
two years, except upon the petition of at least forty per 
cent of the electors of such district. (104 v. 133.) 

It is necessary for a township board of education to submit 
the question of centralization of schools to a vote, under the pro- 
visions of Section 4726, General Code. 

All the electors of the township are entitled to vote upon the 
proposition of the centralization of schools. 

The abolishment of all schools in all the subdistricts by virtue 
of Section 7730 and 7731, General Code, the establishment of new 
schools and the conveyance of pupils to these schools, operate as 
the centralization of the schools of the township, provided that no 
election has been held upon the question of centralization which 
resulted adversely and provided that no petition may be filed by an 
election according to law. — Attorney General, 1913, p. 1377. 

A proposition for the centralization of schools under the 
provisions of Section 4726, G. C, and a proposition to issue bonds 
authorized by Section 7625, G. C., may both be submitted to the 
electors of a rural school district at one election. — Attorney Gen- 
eral, Opinion No. 41, Jan. 30, 1915. 

The provision of Section 4726, G. C, as amended 104 O. L., 
139, taken in connection with the provision of Sec. 4839, G. C, 
authorizes the calling of a special election in a rural school dis- 
trict for the purpose of submitting the question of centralization 
to the vote of the qualified electors of such district. — Attorney 
General, Opinion No. 184, March 30, 1915. 

Where the schools of a township have been centralized, no part of the 
territory comprising such centralization, is subject to be taken to form a 
special school district: Fulks v. Wright, 72 O. S. 547. 

The centralization of schools is a duty imperatively imposed upon the 
township board of education under the statutes, but no imperative duty rests 
upon such board to purchase a site and to erect a building until after a deter- 
mination by the board of the necessity therefor: State, ex rel., v. Board of 
Education, 15 O. C. D. 424. 

Where upon the submission of the question of centralization a majority 
voted in favor of centralization, but against the levy of a tax for the purchase 
of a site and the erection of a building, the board of education is not bound 
to take any steps toward centralizing the schools: State, ex rel., v. Board of 
Education, 1 O. C. C. (N. S.) 89. 

6 s L. 



82 



RURAL SCHOOL DISTRICTS. 



Question of 
decentraliza- 
tion may be 
submitted 
after three 
years. 



Section 4726-1. In townships in which there are one 
or more school districts, the quaHfied electors of such school 
districts may vote on the question of centralizing the schools 
of said township districts, or of special school districts 
therein, without interfering with the existing school dis- 
trict organization until the result of the election shall have 
been determined. If at such election in any township a 
majority of all the votes cast shall be in favor of centraliz- 
ing the schools in said township, the probate judge of the 
county shall create a new board of education for the said 
township, without delay, by selecting from the several 
boards of education thus consolidated, five suitable persons, 
giving each former district its fair representation in such 
selection, which such five persons so selected shall consti- 
tute the board of education for said township until the first 
township election thereafter; at such first township election 
thereafter the electors of such township shall elect two 
members of the board of education for two years, and 
three members to serve for three years, and at the proper 
elections thereafter their successors shall be elected for four 
years. If a majority of the electors in said township vote 
against said centralization at the time above designated, 
then the several school districts in said townships shall 
proceed as though no election had been held. (106 v. 442.) 

Section 4727. When the schools of a rural school 
district have been centralized such centralization shall not 
be discontinued within three years, and then only by petition 
and election, as provided in section 4726. If at such elec- 
tion more votes are case against centralization than for it, 
the division into subdistricts as they existed prior to cen- 
tralization shall thereby be re-established. (104 v. 133.) 



CHAPTER 5. 
COUNTY SCHOOL DISTRICTS. 



Section 

COUNTY BOARDS OF EDUCATION. 

4728. Members of county board of educa- 

tion. 
4728-1. How school districts shall cast vote 
for members of county board. 

4729. When members of county board 

elected and term of office. 

4730. Call for meeting; notice; organization. 

4731. Oath; vacancy. 

4732. Meetings of county board; organiza- 

tion; record. 

4733. Regular meeting, when and where 

held. 

4734. Payment of expenses. 

4735. Existing districts remain until changed 

by county board. 

4735-1. Procedure to dissolve rural district 
and join to another contiguous 
thereto. 

4735-2. Title to property vests in board of 
education to which it is joined. 

4736. Powers and duties of county board. 

4737. Publication of minimum course of 

study by county board. 



Section 

4738. Division of county district into super- 

vision districts. 

DISTRICT SUPERINTENDENTS. 

4739. Election of district superintendents. 

4740. District which already employs a 

superintendent. 

4741. Term of district superintendent. 

4742. Meeting to elect successor to district 

superintendent. 

4743. Compensation of district superin- 

tendent. 

COUNTY SUPERINTENDENTS. 

4744. County superintendent; appointment; 

term; duties. 
4744-1. Salary of county superintendent; how 

dDaid. 
ounty board shall certify, annually, 
number of teachers and superintend- 
ents employed, salaries and amounts 
apportioned to each district. 

County board of education fund. 

Who eligible as county superintendent. 

Who eligible as district superintendent. 

Offices for county superintendent and 
county board of education. 



4744-2. 



4744-3. 
4744^. 
4744-5. 
4744-6. 



Section 4728. Each county school district shall be 
under the supervision and control of a county board of 
education composed of five members who shall be elected 
by the presidents of the various village and rural boards 
of education in such county school district. Each district 
shall have one vote in the election of members of the county 
board of education except as is provided in section 4728-1. 
At least one member of the county board of education shall 
be a resident of a village school district if such district is 
located in the county school district and at least three mem- 
bers of such board shall be residents of rural school dis- 
tricts, but not more than one member of the county board 
of education shall reside in any one village or rural school 
district within the county school district. (104 v. 133.) 

Where part of a subdistrict of a township school district has 
been incorporated into a special school district leaving the balance 
of said township school district unprovided for as to a school house, 
the board of education of the township school district must either 
provide a school house in the remaining part of said subdistrict, 
or transport the pupils to a school. — Attorney General, Opinion 
No. 983, June 17, 1914. 

Section 4728-1. All school districts other than vill- 
age and city school districts within a civil township shall 
be jointly entitled to one vote in the election of members 
of the county board of education. The presidents of the 
board of education of all such districts in a civil township 
shall meet for the purpose of choosing one from their 
number to cast the vote for members of the county board 

83 



Members of 
ccunty board 
of ed.ucation; 
election and 
qualifications. 



How school 
districts shall 
cast vote for 
members of 
ccunty board. 



84 COUNTY SCHOOL DISTRICTS. 

of education. If no such meeting is held in any year for 
the purpose of choosing one from their number to cast the 
vote of such boards, the president of the board having the 
largest tax valuation shall represent all such districts of the 
civil township at the election of the county board mem- 
bers. A board of education of a rural district having terri- 
tory in two or more civil townships shall vote with the 
boards of education of the districts of the civil township in 
which the greater part of its taxable property is located. 
(104 V. 133.) . - 

When mem- SECTION 4729. On the sccoud Saturday in June, 1914, 

board°^eie°ct?d^ the presidents of the boards of education of the various 
and term of village and rural school districts in each county school dis- 
trict shall meet and elect the five members of the county 
board of education, one for one year, one for two years, 
one for three years, one for four years and one for five 
years, and until their successors are elected and qualified. 
The terms of ofiice of such members shall begin on the fif- 
teenth of July, 1914, and each year thereafter on the third 
Saturday of January. Each year thereafter one member 
of the county board of education shall be elected in the 
same manner for a term of five years. The presidents of 
the various boards of education within the county school 
district shall be paid their necessary and actual expenses 
incurred while meeting for the purpose of electing members 
of the county board of education. Such exepnses shall be 
allowed by the county auditor and paid out -of the county 
treasury upon the order of the chairman and clerk of the 
meeting. (104 v. 133.) 

Where a part of a subdistrict of a township school district has 
been incorporated into a special school district leaving the balance 
of said township school district unprovided for as to a school house, 
the board of education of the township school district must either 
provide a school house in the remaining part of said subdistrict, or 
transport the pupils to a school. — Attorney General, Opinion No. 
983, June 17, 1914. 

Call for Section 4730. The county auditor of each county 

noTice"^'organ- ^^all issue the Call for the first meeting, giving at least ten 
izatiori. days' notice of the place where such meeting will be held. 

The call for all future meetings shall be issued by the 
county superintendent. The meeting shall organize by 
electing a chairman and a clerk. The vote of a majority of 
the members present shall be necessary to elect each mem- 
ber of the county board. The members of the county 
board so elected, may or may not be members or officers of 
any village or rural board of education. The result of the 
election of members of the county board of education shall 
be certified to the county auditor by the chairman and clerk 
of the meeting. (104 v. 133.) 

Where a part of a subdistrict of a township school district 
has been incorporated into a special school district leaving the 
balance of said township school district unprovided for as to a 
school house, the board of education of the township school district 



COUNTY SCHOOL DISTRICTS. 85 

must either provide a school house in the remaining part of said 
subdistrict, or transport the pupils to a school. — Attorney General, 
Opinion No. 983, June 17, 1914. 

Section 4731. Each member of the county board of oath; vacancy. 
education shall within ten days after receiving notice of his 
election, take an oath that he will perform faithfully the 
duties of his office. Such oath may be taken before any 
one authorized by law to administer oaths. If any person 
so elected shall fail to take such oath within the time pre- 
scribed, the office to which he was elected shall be consid- 
ered vacant. Any vacancy on the board shall be filled in 
the same manner as is provided in section 4748 of the Gen- 
eral Code. (104 V. 133.) 

Where a part of a subdistrict of a township school district 
has been incorporated into a special school district leaving the 
balance of said township school district unprovided for as to a 
school house, the board of education of the township school district 
must either provide a school house in the remaining part of said 
subdistrict, or transport the pupils to a school. — Attorney General, 
Opinion No. 983, June 17, 1914. 

Section 4732. Each county board of education shall Meetings of 
meet on the third Saturday of July, IQ14, and on the third county board; 

■' J J ' ^ ^' organization J 

Saturday of March of each year thereafter, and shall or- record of 
ganize by electing one of its members president, and another p''^^^^ ^"^s. 
vice-president, both of whom shall serve for one year. A 
temporary secretary shall be chosen who shall act until a 
county superintendent has been elected and thereafter the 
county superintendent shall act as secretary of the board. 
The secretary shall keep a full record of the proceedings 
of the board, properly indexed, in a book provided for that 
purpose. Each motion, with the name of the person making 
it -and the vote thereon, shall be entered on the record. 104 
V. I33-) 

Where a part of a subdistrict of a township school district ' 

has been incorporated into a special school district leaving the 
balance of said township school district unprovided for as to a 
school house, the board of education of the township school district 
must either provide a school house in the remaining part of said 
subdistrict, or transport the pupils to a school. — Attorney General, 
Opinion No. 988, June 17, 1914. 

Section 4733. The regular meetings of the county Regular meet- 
board of education shall be held at the office of the county iij^gs w^h^en 
superintendent. At the time of the first meeting, the board Lid.^ ^ 
shall fix the time for holding its regular meetings. Reg- 
ular meetings shall be held at least every two months and 
when necessary other meetings may be held at the call of 
the president, or any two members. A majority of the 
board shall constitute a quorum at any regular or special 
meeting. (104 v. 133.) 

Section 4734. Each member of the county board of Payment of 
education shall be paid his actual and necessary expenses expenses, 
incurred during his attendance upon any meeting of the 
board. Such expenses, and the expenses of the county 



86 



COUNTY SCHOOL DISTRICTS. 



superintendent, itemized and verified shall be paid from the 
county board of education fund upon vouchers signed by 
the president of the board. (104 v. 133.) 

There are no provisions in the constitution prohibiting a 
member of the board of education from serving upon the county 
board of education. — Attorney General, Opinion 989. June 17, 1914. 

The mone3^s paid into the county board of education fund on 
account of the salaries of county and district superintendents, 
under Section 4744-3, General Code, as amended, 104 O. L., 143, 
are automatically appropriated to the payment of such salaries, and 
cannot be used for any other purpose. The expenses of the county 
superintendent and his allowance for clerk hire, the expenses of 
the members of the board of education and the expenses of the 
county institute, which are payable out of this fund, must be paid 
from moneys coming into it otherwise than under Section 4744-3, 
viz. : examination fees, under Section 7820, as amended, 104 O. 
L., 104, and transfers from the dog tax fund, under Section 5653, 
General Code, as amended, there being no other source of the 
county board of education fund. 

If the allowance to the superintendent is made in advance, 
such allowance would appropriate moneys in the fund other than 
those appropriated to salaries; so that the expenses of conducting 
institutes and the expenses of the members of the board of educa- 
tion could be paid unless there were in the fund more than enough 
to pay the salaries and superintendent's allowance. — Attorney 
General, Opinion No. 1143, Sept. 12, 1914. 

The county surveyor is not entitled to remuneration for serv- 
ices performed under Section 4736, G. C. — Attorney General, 
Opinion No. 147, March 18, 1915. 



successors 
elected. 



Existing dis- SECTION 4735. The present existing township and 

until changed Special school districts shall constitute rural school districts 
board?"officers ^^"^il changed by the county board of education, and all 
continue until officers and members of boards of education of such exist- 
ing districts shall continue to hold and exercise their re- 
spective offices and powers until their terms expire and un- 
til their successors are elected and qualified. (104 v. 133.) 

The County Board of Education has no authority under sec- 
tion 4786, G. C. as amended 104 O. L. 138, to discontinue _a rural 
school district and join it to a rural or village school district con- 
tiguous thereto. 

A County Board having attempted to discontinue a rural 
school district by resolution of record, a copy of which has been 
filed with the County Auditor under the provisions of 4736, G. C. 
as amended, should rescind said resolution and furnish a copy of 
the rescinding resolution to the County Auditor. A copy of such 
rescinding resolution should also be furnished to the clerks of the 
boards of education of the school districts mentioned in said former 
resolution. 

If the funds of such rural school district have been turned 
over to the treasurer of the board of education of the rural or 
village school district contiguous thereto, as a result of the action 
of the county board of education, upon receipt of the notice as 
above provided, said funds should be returned to the treasury of 
the rural schol district from which they were transferred. 

It is necessary, in order to abolish a rural school district, that 
the question be submitted to a vote of the qualified electors of 
such district under the provision of section 4735, G. C. as amended, 
and supplemented by sections 4735-1 and 4735-2, G. C, 104 0. 
L. 138. . . . ' 

The question of centralization under the provision of section 
4736, G. C, as amended 104, O. L. 139, and the question of isstaing 
bonds under the provision? of section 7625, G. C. may be submitted 



COUNTY SCHOOL DISTRICTS. 87 

to the qualified electors of a rural school district at one election. — 
Attorney General, Opinion 183, 1915. 

Prior existing bonded indebtedness of a school district is a 
charge upon the property only of the district creating it and may 
not become a charge upon the property of a district formed by 
the union of two districts under the provisions of section 4735-1 
and 4735-2 of the general code. — Attorney General, Opinion 53, 
1915. 



Section 4735-1. When a petition signed by not less procedure to 
than one-fourth of the electors residing within the territory dlstdct^ amf^' 
constituting a rural school district, praying that the rural join to 
district be dissolved and joined to a contiguous rural or fi^uous 
village district, is presented to the board of education of such thereto, 
district; or when such board, by a majority vote of the full 
membership thereof, shall decide to submit the question to 
dissolve and join a contiguous rural or village district, the 
board shall fix the time of holding such election at a special 
or general election. The clerk of the board of such district 
shall notify the deputy state supervisors of elections, of the 
date of such election and the purposes thereof, and such 
deputy state supervisors shall provide therefor. The clerk 
of the board of education shall post notices thereof in five 
public places within the ditsrict. The result shall be de- 
termined by a majority vote of such eletcors. (104 v. 133.) 

The sinking fund commissioners of a city school district have 

no control in the selection of a depository for money subject to 
their control. — Attorney General, Opinion No. 1153, Sept. 14, 
1914. 

Section 4735-2. The legal title of the property of xitie to prop- 
the rural school district, in case such rural district is dis- erty vests in 

, , , . . , ' , .,1 1- • -11 board of edu- 

solved and jomed to a rural or village district as provided cation to 
in section 4735-1, shall become vested in the board of educa- J^^ied.'^ '^ 
tion of the rural or village school district to which such dis- 
trict is joined. The school fund of such dissolved rural dis- 
trict shall become a part of the fund of the rural or village 
school district which it voted to join. The .dissolution of 
such district shall not be complete until the board of educa- 
tion of the district has provided for the payment of any in- 
debtedness that may exist. (104 v. 133.) 

The sinking fund commissioners of a city school district have 
no control in the selection of a depository for money subject to their 
control. — Attorney General, Opinion No. 1153, Sept. 14, 1914. 

The County Board of Education has no authority under sec- 
tion 4736, G. C. as amended 104 O. L. 138, to discontinue a rural 
school district and join it to a rural or village school district con- 
tiguous thereto. 

A County Board having attempted to discontinue a rural 
school district by resolution of record, a copy of which has been 
filed v^ith the County Auditor under the provisions of 4736, G. C. as 
amended, should rescind said resolution and furnish a copy of the 
rescinding resolution to the County Auditor. A copy of such 
rescinding resolution should also be furnished to the clerks of 
the boards of education of the school districts mentioned in said 
former resolution. 

If the funds of such rural school district have been turned 
over to the treasurer of the board of education of the rural or 
village school district contiguous thereto, as a result of the action 



88 



COUNTY SCHOOL DISTRICTS. 



Powers and 
duties of 
county board. 



of the county board of education, upon receipt of the notice as 
above provided, said funds should be returned to the treasury of 
the rural school district from which they were transferred. 

It is necessary, in order to abolish a rural school district, that 
the question be submitted to a vote of the qualified electors of 
such district under the provision of section 4735, G. C. as amended, 
and supplemented by section 4735-1 and 4735-2, G. C, 104 O. 'L. 
138. 

The question of centralization under the provision of section 
4736, G. C, as amended 104, O. L. 139, and the question of issuing 
bonds under the provision of section 7625, G. C. may be submitted 
to the qualified electors of a rural school district at one election. — 
Attorney General, Opinion 183, 1915. 

Prior existing bonded indebtedness of a school district is a 
charge upon the property only of the district creating it and may 
not become a charge upon the property of a district formed by the 
union of two districts under the provisions of section 4735-1 and 
4735-2 of the general code. — Attorney General, Opinion 53, 1915. 

Section 4736. Ihe county board of education shall 
arrange the school districts according to topography and 
population in order that the schools may be most easily ac- 
cessible to the pupils, and shall file with the board or boards 
of education in the territory affected, a written notice of 
such proposed arrangement; which said arrangement shall 
be carried into effect as proposed unless, within thirty days 
after the filing of such notice with the board or boards of 
education, a majority of the qualified electors of the terri- 
tory affected by such order of the county board, file a writ- 
ten remonstrance with the county board against the arrange- 
ment of school districts so proopsed. The county board of 
education is hereby authorized to create a school district 
from one or more school districts or parts thereof. The 
county board of education is authorized to appoint a board 
of education for such newly created school district and di- 
rect an equitable division of the funds or indebtedness be- 
longing to the newly created district. Members of the 
boards of education of the newly created district shall there- 
after be elected at the same time and in the same manner 
as the boards of education of the village and rural districts. 
(106 V. 396.) 

The sinking fund commissioners of a city school district have 
no control in the selection of a depository for money subject to 
their control. — Attorney General, Opinion No. 1153, Sept. 14, 1914. 

Section 4736, General Code, as amended, 104 O. L., 138, applies 
to rural or village school districts which go to make up county 
school districts and does not seem to have application to the in- 
ternal affairs of the rural school districts, formerly township school 
districts and village school districts, which go to make up and 
constitute the respective county school districts of the state. 

Local boards of education of rural school districts, formerly 
township school districts, cannot change boundaries of subdistrlcts 
for the reason that such boundaries of such subdistrlcts no longer 
exist. However, such boards of education under Section 7684, 
General Code, have the authority to make such assignment of the 
youth of their respective districts to the schools established by them 
as In their opinion will best promote the Interests of education in 
their districts. — Attorney General, Opinion No. 1308, Dec, 2, 1914. 

When territory is transferred from one rural or village school 
district to another, the equitable division of funds or Indebtedness 
required by statute to be made shall be determined upon at the 



COUNTY SCHOOL DISTRICTS. 89 

time of the transfer, by the county board of education, which, 
under Section 4736, General Code, has exclusive power to make 
such transfer. 

The indebtedness apportioned to the transferred district in ac- 
cordance with the statute becomes a general indebtedness of the 
whole district, and does not attach only to the transferred terri- 
tory. — Attorney General, Opinion No. 1193, Oct. 8, 1914. 

Under Section 4736, General Code, the county board of edu- 
cation has the authority to re-arrange boundary lines so as to 
detach one part of a rural school district and add it to another 
rural or village district. — Attorney General, Opinion 42, January 
30, 1915. 

The county surveyor is not entitled to remuneration for serv- 
ices performed under Section 4736, G. C. — Attorney General, 
Opinion No. 147, March 18, 1915. 

Under the provisions of Section 4736, General Code, it is dis- 
cretionary with the county board of education to determine whether 
or not there is any real necessity for calling upon the county sur- 
veyor for his" aid in changing rural district school lines and 
transferring territory from one rural or village school district 
to another. If the county board determines that it is necessary 
to call in the assistance of a surveyor, then such board must call 
the county surveyor, and it is mandatory that the county surveyor 
shall make a survey for such board and prepare a map so desig- 
nating the changes made in the changing of rural district lines 
and in the transferring of territory from one rural or village 
school district to another upon receiving a formal request to do 
so from such board. — Attorney General, Opinion 1272, Dec. 2, 
1914. 

Section 4736-1. In rural school districts hereafter 
created by a county board of education, a board of educa- 
tion shall be elected as provided in section 4712 of the Gen- 
eral Code. When rural school districts hereafter so created, 
or which have been heretofore so created, fail or have failed 
to elect a board of education as provided in said section 
4712, or whenever there exists such school district which 
for any reason or cause is not provided with a board of 
education, the commissioners of the county to which such 
district belongs shall appoint such board of education, and 
the members so appointed shall serve until their successors 
are elected and qualified. The successors of the members 
so appointed shall be elected at the first election for mem- 
bers of the board of education held in such district after 
such appointment, two members to serve for two years and 
three members for four years. And thereafter their suc- 
cessors shall be elected in the manner and for the term as 
provided by section 4712 of the General Code. The board 
so appointed by the commissioners of the county shall or- 
ganize on the second Monday after their appointment. 
(106 V. 550.) 

Section 4736-2. All appointments of a board of 
education for such rural school district heretofore made by 
the commissioners of the county to which such rural school 
district belongs shall be held to be legal, valid and binding 
upon such rural school district, and to give such appointed 
boards the same authority as have other rural school dis- 
trict boards. All proceedings, otherwise legal under the 
laws applicable to rural school boards, heretofore or here- 



go 



COUNTY SCHOOL DISTRICTS. 



Publication of 
minimum 
course of 
study by 
county board. 



Division of 
county dis- 
trict into 
supervision 
districts. 



When county 
shall be re- 
districted. 



Election of 
district super- 
intendent. 



after had by such boards so appointed shall be held legal, 
valid and binding upon such school districts. The bonds 
heretofore, or hereafter, issued and sold by any such rural 
school district having a board of education heretofore, or 
hereafter, appointed by the commissioners of the county 
to which such district belongs, shall not be declared to be 
invalid by reason of any want of authority of such board of 
education of such district to provide for the issuing and sale 
of such bonds, but, ii regularly issued for a lawful purpose 
and sold for not less than par and accrued interest such 
bonds shall be held to be legal, valid and binding obligations 
of such district issuing the same. (io6 v. 550.) 

Section 4737. The county board of education shall 
publish with the advice of the county superintendent a mini- 
mum course of study which shall be a guide to local boards 
of education in prescribing the courses of study for the 
school under their control. The county board may publish 
different courses of study for village and rural school dis- 
tricts. (104 V. 133.) 

Section 4738. The county board of education shall 
divide the county school district, any year, to take effect 
the first day of the following September, into supervision 
districts, each to contain one or more village or rural school 
districts. The territory of such supervision districts shall 
be contiguous and compact. In the formation of the super- 
vision districts consideration shall be given to the number 
of teachers employed, the amount of consolidation and cen- 
tralization, the condition of the roads and general topog- 
raphy. The territory in the different districts shall be as 
nearly equal as practicable and the number of teachers em- 
ployed in any one supervision district shall not be less than 
thirty. The county board of education shall, upon applica- 
tion of three-fourths of the presidents of the village and 
rural district boards of the county, redistrict the county into 
supervision districts. The county board of education may 
at their discretion require the county superintendent to 
personally supervise not to exceed forty teachers of the 
village or rural schools of the county. This shall super- 
sede the necessity of the district supervision of these 
schools. (to6 v. — .) 

County Boad of Education — Eligibility of district superin- 
tendent. — Attorney General, Opinion 167, March 25, 1915. 

Section 4739. Each supervision district shall be un- 
der the direction of a district superintendent. Such district 
superintendent shall be elected by the presidents of the 
village and rural boards of education within such district, 
except that where such supervision district contains three 
or less rural or village school districts the boards of educa- 
tion of such school districts in joint session shall elect such 
superintendent. The district superintendent shall be em- 
ployed upon the nomination of the county superintendent 



COUNTY SCHOOL DISTRICTS. 9I 

but the board electing such district superintendent may by 
a majority vote elect a district superintendent not so nom- 
inated. (104 V. 133.) 

County Board of Education — Eligibility of district superin- 
tendent. — Attorney General, Opinion 167, March 25, 1915. 

Section 4740. Any village or rural school district or Supervision of 
union of school districts for high school purposes which rurarsdToois. 
maintains a first-grade high school and which employs a 
superintendent shall upon application to the county board 
of education before September 10, 191 5, or before June 
ist of any year thereafter, be continued as a separate district 
under the direct supervision of the county superintendent. 
Such district shall continue to be under the direct super- 
vision of the county superintendent until the board of edu- 
cation of such district by resolution shall petition to be- 
come a part of a supervision district of the county school 
district. Such superintendents shall perform all the duties 
prescribed by law for a district superintendent, but shall 
teach such part of each day as the board of education of 
the district or districts may direct. Such districts shall re- 
ceive no state aid for the payment of the salaries of their 
superintendents, and the salaries shall be paid by the boards 
employing such superintendents. (106 v. 439.) 

The date fixed by Section 4740, General Code, to-wit : July 20, 
1914, for officially certifying to the clerk or clerks of the board of 
education that the village or rural districts or union school dis- 
tricts will employ a superintendent, etc., is mandatory for the 
reason that on that date it is to be determined by virtue of such 
certificate or notice what suprevisory districts the respective county 
districts shall contain. 

Where two townships, which never at any time before July 
20th, 1914, employed a joint superintendent for supervision pur- 
poses, cannot after that date employ a superintendent for super- 
vision purposes and certify the same to the county board of educa- 
tion, the county board of education must attach either all or any 
portion of said townships to one or more of the other supervision 
districts of the county, as determined by such board in accordance 
with the discretion which is vested in said board by Section 4740, 
General Code. — Attorney General, Opinion No. 1128, August 31, 
1914. 

Under Section 4740, General Code, as amended, a village dis- 
trict already employing a superintendent, cannot join with a rural 
school district which never employed a superintendent and which 
said districts were never heretofore joined together for supervisory 
purposes by employing a superintendent in common upon applica- 
tion to the county board of education to be joined and continue as 
separate districts as authorized by said section. 

Under the recently enacted school code, appearing in 104 O. 
L., 133, school districts formerly designated as "special school 
districts" now constitute rural school districts, which said rural 
school districts are a part of the respective county school districts 
of the state. Part of any county school districts may be transferred 
to an adjoining school district or city or village school district by 
the mutual consent of the board of education having control of 
such districts. — Attorney General, Opinion No. 1054, July 18, 1914. 

Section 4741. The first election of any district Term of djs- 
superintendent shall be for a term not longer than one year, Jendent^^"" 
thereafter he may be re-elected in the same district for a 



92 



COUNTY SCHOOL DISTRICTS. 



Meeting to 
elect suc- 
cessor to dis- 
trict superin- 
tendent. 



Compensation 
of district 
superintend- 
ent. Amount 
paid by the 
state. 



County super- 
intendent; ap- 
pointment, 
term, duties. 



Salary of 
county super- 
intendent; 
how paid. 



period not to exceed three years. Whenever for any cause 
in any district a superintendent has not been appointed by 
September first, the county board of education shall appoint 
such superintendent for a term of one year. (104 v. 133.) 

Section 4742. Not less than sixty days before the ex- 
piration of the term of any district superintendent, the 
presidents of the boards of education within such super- 
vision district, or in supervision districts which contain 
three or less village or rural districts, the boards of educa- 
tion of such districts shall meet and elect his successor. 
The president of the board in the village or rural district 
having the largest number of teachers shall issue the call 
giving at least ten days' notice of the time and place of 
meeting. He shall also act as chairman and certify the 
results of such meeting to the county board of education. 
(104 V. 133.) 

Section 4743. The compensation of the district 
superintendent shall be fixed at the same time that the ap- 
pointment is made and by the same authority which ap- 
points him ; such compensation shall be paid out of the 
county board of education fund on vouchers signed by the 
president of the county board. The salary of any district 
superintendent shall in no case be less than one thousand 
dollars per annum, half of which salary not to exceed seven 
hundred and fifty dollars shall be paid by the state and half 
by the supervision district, except where the number of 
teachers in any supervision district is less than forty in 
which case the amounts paid by the state shall be such pro- 
portion of half the salary as the ratio of the number of 
teachers employed is to forty. The half paid by the super- 
vision district shall be pro-rated among the village and 
rural school districts in such district in proportion to the 
number of teachers employed in each district. (104 v. 133.) 

Section 4744. The county board of education at a 
regular meeting held not later than July 20th, shall appoint 
a county superintendent for a term not longer than three 
years commencing on the first day of August. Such county 
superintendent shall have the educational qualifications 
mentioned in section 4744-4. He shall be in all respects the 
executive officer of the county board of education, and shall 
attend all meetings with the privilege of discussion but not 
of voting. (104 V. 133.) 

The position of county superintendent of schools is not an 
office, and consequently a member of the General Assembly which 
created this position of county superintendent of schools would be 
eligible to appointment as county superintendent of schools during 
the term for which he was elected or within one year thereafter. — 
Attorney Genera^ Opinion No. 848, April 9, 1914. 

Section 4744-1. The salary of the county superin- 
tendent shall be fixed by the county board of education, to 
be not less than twelve hundred dollars per year, and shall 
be paid out of the county board of education fund on 



COUNTY SCHOOL DISTRICTS. 93 

vouchers signed by the president of the county board. Half 
of such salary sliall be paid by the state and the balance-by 
the county school ditsrict. In no case shall the amount 
paid by the state be more than one thousand dollars. The 
county board may also allow the county superintendent a 
sum not to exceed three hundred dollars per annum for 
traveling expenses and clerical help. The half paid by the 
county school district shall be pro-rated among the village 
and rural school districts in the county in proportion to the 
number of teachers employed in each district. ( 104 v. 133.) 

There is nothing in Section 4744-1, General Code, which pro- 
hibits a county board of education from fixing the salary of the 
county superintendent at any amount in excess of $1200.00 per 
year it may deem proper. 

• When tl e board of education fixes the salary of the county 
superintendent in an amount greater than $2000.00, the county dis- 
trict is to pay the balance remaining after deducting the $1000.00 
to be paid by the state and such balance is to be apportioned and 
certified as provided in Sections 4744-1, 4744-2, and 4744-3, General 
Code. — Attorney General, Opinion No. 1165, September 21, 1914. 

The county commissioners may not lawfully transfer from 
rbe General county fund, or from the proceeds of any other county 
tax levies to supply deficiencies in the county board of education 
fund, in case there is no money available in the Sheep fund, under 
Section 5653, General Code, as amended. — Attorney General, 
Opinion No. 1142, September 12, 1914. 

The position of county superintendent of schools is not an 
office, and consequently a member of the General Assembly which 
created this position of county superintendent of school would be 
eligible to appointment as county superintendent of schools during 
the term for which he was elected or within one year thereafter. — 
Attorney General, Opinion No. 848, April 9, 1914. 

The moneys paid into the county board of education fund on 
account of the salaries of county and district superintendents, 
under Section 4744-3, General Code, as amended, 104 O. L., 143, 
are automatically appropriated to the payment of such salaries, and 
cannot be used for any other purpose. The expenses of the county 
superintendent and his allowance for clerk hire, the expenses of 
the members of the board of education and the expenses of the 
county institute, which are payable out of this fund, must be paid 
from moneys coming into it otherwise than under Section 4744-3, 
viz. : examination fees, under Section 7820, as amended, 104 O. L., 
104, and transfers from the dog tax fund, under Section 5653, 
General Code, as amended, there being no other source of the 
county board of education fund. 

If the allowance to the superintendent is made in advance, 
such allowance would appropriate moneys in the fund other than 
those appropriated to salaries ; so that the expenses of conducting 
institutes and the expenses of the members of the board of educa- 
tion could be paid unless there were in the fund more than enough 
to pay the salaries and superintendent's allowance. — Attorney 
General, Opinion No. 1143, Sept. 12, 1914. 

The county surveyor is not entitled to remuneration for 
services performed under Section 4736, G. C. — Attorney General, 
Opinion No. 147, March 18, 1915. 

Section 4744-2. On or before the first day of August county board 
of each year the county board of education shall certify to ^haii certify, 

1 1- 11 r 1 1 11 annually, 

the county auditor the number 01 teachers to be employed number of 
for the ensuing year in the various rural and village school supe^rintend- 
districts within the county school district, and also the ^"^s em- 

. ■/ ' , 11- ployed salaries 

number of district superintendents employed and their and amounts 
compensation and the compensation of the county super- Jo^each"^ 
intendent; and such board of education shall also certify district. 



Q4 COUNTY SCHOOL DISTRICTS. 

to the county auditor the amounts to be apportioned to 
each district for the payment of its share of the salaries of 
the county and district superintendents. (104 v. 133.) 

There is nothing in Section 4744-1, General Code, which pro- 
hibits a county board of education from fixing the salary of the 
county superintendent at any amount in excess of $1,200.00 per year 
it may deem proper. 

When the board of education fixes the salary of the county 
superintendent in an amount greater than $2,000.00, the county dis- 
trict is to pay the balance remaining after deducting the $1,000.00 to 
be paid by the state and such balance is to be apportioned and 
certified as provided in Sections 4744-1, 4744-2, and 4744-3, General 
Code. Attorney General. Opinion No. 1165, September 21, 1914. 

The county commissioners may not lawfully transfer from the 
General county fund, or from the proceeds of any other county tax 
levies to supply deficiencies in the county board of education fund, 
in case there is no money available in the Sheep fund, under Sec- 
tion 5653, General Code, as amended. Attorney General. Opinion 
No. 1142, September 12, 1914. 

It is the duty of county auditors to obtain from the distribu- 
tion of school funds the amounts set apart under Section 4744-3, 
General Code, for the use of the county board of education fund, 
regardless of the fact that such retention was not taken into account 
by the rural boards of education in making their 1913 tax levies. 
Such retention is to be made out of all the moneys to be dis- 
tributed to the several districts including the proceeds of local 
levies, as well as the amount to be apportioned to the district as 
its portion of the State Common School Fund, and is not to be 
charged against any one particular fund or levy. 

The county auditor cannot make any valid settlement, except 
on the basis of the certificate required to be made by the county 
board of education by Section 4474-2, General Code, respecting the 
number of teachers employed by the various school districts under 
its jurisdiction, etc. If the county board fails to make proper 
certification until after the usual period of settlement and the 
settlement is made, the error should be corrected under Section 
2597, General Code, in the next succeeding semi-annual settlement, 
and in the meantime the county board of education fund must get 
along without the moneys belonging to it, and the county and 
district superintendents must serve on one-half pay until the next 
settlement time, when the arrearages in their respective salaries 
will be made up. Attorney General. Opinion No. 1198, October 
8, 1914. 

The position of county superintendent of schools is not an 
office, and consequently a member of the General Assembly which 
created this position of county superintendent of schools would 
be eligible to appointment as county superintendent of schools dur- 
ing the term for which he was elected or within one year there- 
after. Attorney General. Opinion No. 848, April 9, 1914. 

County an- SECTION 4744-3. The county auditor when making 

ditor shall re- \^\^ semi-annual apportionment of the school funds to the 

tain from . ^^ ,.,,.. in • 1 

apportionment various Village and rural school districts shall retain the 
funds^sum amouuts neccssary to pay such portion of the salaries of 
necessary t]-,g couuty and distnct superintendents and for contingent 

to pay county J •>• 1 1 1 1101 

and dis- . expenses, as may be certified by the county board. !:5uch 
tendems^^""* moucys shall be placed in a separate fund to be known as 
the "county board of education fund." The county board 
shdrcertrfy*^ of educatiou shall certify under oath to the state auditor 
to state au- ^j-jg amount due from the state as its share of the county 

ditor amount , ,. . . , . , ,,,..-' 

due from and district superintendents of such county school district 

for the next six months. Upon receipt by the state auditor 



COUNTY SCHOOL DISTRICTS. 95 

of such certificate he shall draw his warrant upon the state 
treasurer in favor of the county treasurer for the required 
amount; which shall be placed by the county auditor m the 
county board of educational fund. (io6 v. 396.) 

There is nothing in Section 4744-1, General Code, which pro- 
hibits a county board of education from fixing the salary of the 
county superintendent at any amount in excess of $1,200.00 per 
year it may deem proper. 

When the board of education fixes the salary of the county 
superintendent in an amount greater than $2,000.00, the county 
district is to pay the balance remaining after deducting the 
$1,000.00 to be paid by the state and such balance is to be appor- 
tioned and certified as provided in Sections 4744-1, 4744-2, and 
4744-3, General Code. — Attorney General, Opinion 1165, Septem- 
ber 21, 1914. 

The moneys paid into the county board of education fund on 
account of the salaries of county and district superintendents, under 
Section 4744-3, General Code, as amended, 104 O. L., 143, are 
automatically appropriated to the payment of such salaries, and 
cannot be used for any other purpose. The expenses of the county 
superintendent and his allowance for clerk hire, the expenses of the 
members of the board of education and the expenses of the county 
institute, which are payable out of this fund, must be paid from 
moneys coming into it otherwise than under Section 4744-3, viz, ; 
examination fees, under Section 7820, as amended, 104 O. L., 104, 
and transfers from the dog tax fund, under Section 5653, General 
Code, as amended, there being no other source of the county board 
of education fund. 

If the allowance to the superintendent is made in advance, 
such allowance would appropriate moneys in the fund other than 
those appropriated to salaries; so that the expenses of conducting 
institutes and the expenses of the members of the board of educa- 
tion could be paid unless there were in the fund more than enough 
to pay the salaries and superintendent's allowance. Attorney Gen- 
eral. Opinion No. 1143, Sept. 12, 1914. 

It is the duty of county auditors to obtain from the distribu- 
tion of school funds the amounts set apart under Section 4744-3, 
General Code, for the use of the county board of education fund, 
regardless of the fact that such retention was not taken into 
account by the rural boards of education in making their 1913 tax 
levies. Such retention is to be made out of all the, moneys to be 
distributed to the several districts including the proceeds of local 
levies, as well as the amount to be apportioned to the district as its 
portion of the State Common School Fund, and is not to be 
charged against any one particular fund or levy. 

The county auditor cannot make any valid settlement, except 
on the basis of the certificate required to be made by the county 
board of education by Section 4744-2, General Code, respecting the 
number of teachers employed by the various school districts under 
its jurisdiction, etc. If the county board fails to" make proper 
certification until after the usual period of settlement and the 
settlement is made, the error should be corrected under Section 
2597, General Code, in the next succeeding semi-annual settlement, 
and in the meantime the county board of education fund must get 
along without the moneys belonging to it, and the county and dis- 
trict superintendents must serve on one-half pay until the next 
settlement time, when the arrearages in their respective salaries will 
be made up. — Attorney General, Opinion No. 1198, October 8, 
1914. 

The county surveyor is not entitled to renumeration for 
services performed under Section 4736, G. C. Attorney General 
Opinion No. 147, March 18, 19|5, 



96 



COUNTY SCHOOL DISTRICTS. 



Distribution SECTION 5653. After paying all such sheep claims, at 

of surplus ^\iQ Tune session of the county commissioners, if there re- 
fund. main more than one thousand dollars of such fund, the ex- 

cess at such June session, shall be transferred and disposed 
as follows : in a county in which there is a society for the 
prevention of cruelty to children and animals, incorporated 
and organized as provided by law which has one or more 
agents appointed in pursuance of law, all such excess as the 
county commissioners deem necessary for the uses and pur- 
poses of such society by order of the commissioners and 
upon the warrant of the county auditor shall be paid to the 
treasurer of such society, and any surplus not so trans- 
ferred shall be transferred to the county board of educa- 
tion fund at the direction of the county commissioners. 
(104 V. 133.) 

Disposition of surplus in dog tax fund to humane societies after sheep 
claims paid, valid: State v. Struble, 24 Dec. 132 (15 N. S. 233). 

Who eligible as SECTION 4744-4. Only such pcrsous shall be eligible 

fXttdents.^^*^' ^s county superintendents who shall have : 

(i) Five years' experience as superintendent and a 
high school life certificate; or 

(2) Six years' experience in teaching, two years' 
additional experience in supervision, and at least a three- 
year county high school certificate; or 

(3) Five years' experience as superintendent and a 
county high school certificate, and also be a graduate from 
a recognized institution of college or university rank ; or 

(4) Five years' teaching experience with one year's 
professional training in school administration and super- 
vision in a recognized school of college or university rank, 
and a high school life certificate; or 

(5) Five years' teaching experience with one year's 
professional training in school administration and super- 
vision in a recognized school of college or university rank, 
and a county high school certificate, and be a graduate 
from a recognized institution of college or university rank. 
(104 V. 133.) 



Who eligible 
as dis- 
trict superin- 
tendent. 



Section 4744-5. Only such persons shall be eligible 
as district superintendents who shall have : 

(i.) Three years' experience in school supervision, 
and at least a county high school certificate ; or 

(2) Four years' experience in teaching, one year's 
additional experience in supervision or one year's train- 
ing in supervision in an institution of college or univer- 
sity rank and at least a county high school certificate, or 

(3) Three years' experience in teaching, graduation 
from a first-grade high school or its equivalent, and in 
addition thereto two years' professional training in a rec- 
ognized institution of college or normal school rank for 
the training of teachers and at least a county high school 
certificate. The county board of education shall certify 



COUNTY SCHOOL DISTRICTS. 97 

to the superintendent of public instruction the quaHfications 
of each county and district superintendent. (104 v. 133.) 

County Board of Education — Eligibility of district superin- 
tendent. — Attorney General, Opinion 167, March 25, 1915. 

Section 4744-6. The county commissioners of each offices for 

county shall provide and furnish offices in the county seat county super- 

for the use of the county superintendent. Such offices county board 

shall be the permanent headquarters of the county super- °* education, 
intendent and shall be used by the county board of educa- 
tion when in session. (104 v. 133.) 

Bills for office supplies, stationery, etc., furnished to the 
coi^nty superintendent of schools, should be approved by the 
county board of education and paid out of the county board of 
education fund on the warrant of the county auditor. — Attorney 
General, Opinion 144, March 17, 1915. 

Section 5653. After paying all such sheep claims, at Distribution 
the Tune session of the county commissioners, if there ^l surplus 

sliccD cl&inis 

remain more than one thousand dollars of such fund, the fund, 
excess at such June session, shall be transferred and dis- 
posed as follows : In a county in which there is a society 
for the prevention of cruelty to children and animals, 
incorporated and organized as provided by law, which has 
one or more agents appointed in pursuance of law, all such 
excess as the county commissioners deem necessary for 
the uses and purposes of such society by order of the 
commissioners and upon the warrant of the county audi- 
tor shall be paid to the treasurer of such society, and any 
surplus not so. transferred shall be transferred to the 
county board of education fund at the direction of the 
county commissioners. (104 v. 133.) 



7 S. ly 



CHAPTER 6. 
BOARDS OF EDUCATION. 

Section | Section 

4745. When terms of members shall begin. i 4755. Boards may accept bequests. 

4746. Oath of members of board and other 1 4756. How real property may be sold. 

officers. 4757. Conveyance and contracts. 

4747. Organization of the board. , i2883. Member of board of education accept- 
4747-1. Annual meeting of all members tor jj^g compensation. 

discussion of school matters. T.^mn r^az .. ■ \ ^ j • 

4748. Vacancies in board, how filled. 1^910. Officer or agent interested in contract. 

4749. Corporate powers of board of educa- }~ll\ game as to other contracts 

|.Jq^ 12932. Employing relative as teacher. 

4750. Board may make rules; legal meetings. f!i?8. Exchange of real estate. 

4751. Special meeting of the board. ^If- gchool property exempt from taxation. 

4752. Ouorum; yeas and nays in certain f^^O. Processes against boards, how served, 
"cases 4/61. Prosecuting attorney or city solicitor 

4753. Absence of president or clerk. to be counsel of school board. 

4754. Record of proceedings and attestation 4762. When other officers may act; restric- 

thereof. tions. 

Beginning of SECTION 4745- The tcrms of officc of members of 

terms. each board of education shall begin on the first Monday in 

January after their election and each such officer shall hold 
his office for four years except as may be specifically pro- 
vided in chapter 2 of this title, and until his successor is 
elected and qualified. (103 v. 275.) 

A member of the board of education whether elected for a 
full term or appointed to fill a vacancy, holds such office until his 
successor is elected and qualified. 

Where four members are holding an office under equal rights 
and an elector is chosen at a regular election to succeed any one 
of them to membership of the board, all four are interlopers and 
the court has no other alternative but to dismiss all four. The 
best expedient would be an agreement among themselves in accord- 
ance with which one of them should resign to make room for their 
successor. — Attorney General, 1911-12, p. 1485. 

When under Section 7610, General Code, the commissioners 
have, by xeason of the failure of the board of education so to do, 
made an appointment to fill a vacancy in the board of education, 
such appointment can be made only "for the unexpired term." 

When the county commissioners through a mistaken under- 
standing of their powers, have entered upon their minutes that 
the appointment is "until the next general election," the fact that 
the appointment is in reality for the "unexpired term" is not 
affected, and a "nunc pro tunc" entry to that effect may be made 
upon the commissioners' journal as notice of the statutory term. 
Attorney General, 1912, p. 1146. 

In the case of vacancies in the school board filled by appoint- 
ment Section 10, General Code, provides that a successor shall 
be elected for the unexpired term at the first general election for 
such office if such vacancy occurs more than thirty days before 
any election. 

Such appointee, however, has the same right as an elective 
officer to hold over until his successor is elected and qualified. 

Where at an election, five positions were to be filled, two 
for four years and three for approximately two years and there 
was no designation upon the ballot to determine who were the 
candidates for the long term and who were the candidates for 
the short terms, the terms were not definitely settled and there 
was no valid election. — Attorney General, 1912, p. 1102. 

98 



BOARDS OF EDUCATION, 



99 



Section 4746. Before entering upon the duties of his ^iVs^ of^^a^r'S 
office, each person elected or appointed a member of a board and other 
of education or elected or appointed to any other office ''^'^^''^• 
under this title shall take an oath to support the constitution 
of the United States and the constitution of this state and 
that he will perform faithfully the duties of his office. Such 
oath may be administered by the clerk or any member of the 
board. (71 v. 15.) 

It is said that this section applies to the clerk of the board and that he 
must take the oath of ofifice to qualify: State, ex rel., v. Coon, 4. O. C. C. 
(N. S.) 560. 



Section 5032. The names of candidates for members Ballots for 
of the board of education of a school district, however ^^*^°°' board, 
nominated, shall be placed on one independent and separate 
ballot without any designation whatever, except for mem- 
bers of board of education and the number of members to 
be elected. (98 v. 116 § i.) 

Section 5033. The ballot for members of the board How ballot 
of education shall be prepared and printed as follows : The Joard'^^""^ 
whole number of ballots to be printed for the school district printed, 
shall be divided by the number of candidates for member 
of board of education of the district, and the quotient so 
obtained shall be the number of ballots in each series of 
ballots to be printed. The names of candidates shall be 
arranged in alphabetical order and the first series of ballots 
printed. Then the first name shall be placed last and the 
next series printed, and so shall the process be repeated 
until each name shall have been first. These ballots shall 
then be combined in tablets with no two of the same order 
of names together, except when there is but one candidate. 
(98 V. 116 § 2.) 

Referred to as showing that voting machines do not allow the rotation 
of the names of candidates for the board of education: State, ex rel., v. 
Board, 80 O. S. 471. 

Section 5034. In city school districts, the ballots for school dis- 
each subdistrict shall contain the names of the candidates ^"'^^^ '" "^''^^• 
for member of the board of education from such subdistrict 
and also the names of the candidates to be elected at large. 
(97 V. 354 § I.) 

Section 4747. The board of education of each city, Date of or- 
village and rural school district shall organize on the first feg^^aJ^^"' 
Monday of January after the election of members of such meetings, 
board. One member of the board shall be elected president, 
one as vice-president and a person who may or may not be 
a member of the board shall be elected clerk. The presi- 
dent and vice-president shall serve for a term of one year 
and the clerk for a term not to exceed two years. The 
board shall fix the time of holding its regular meeting. 
(104 V. 133.) 

Contrary to the general rule of policy that a member of a 
board may not hold a salaried position under such board, special 



100 BOARDS OF EDUCATION. 

provision of statute makes it possible for a member of a board of 
education to serve as its clerk and receive the salary for both 
positions. 

When a sheriff serves several writs, mileage may be charged 
on each writ regardless of the number of persons thereon or of 
the fact that said writs, are served at the same time upon several 
parties residing in the same place. — Attorney General, 1911-12, 
p. 1089. 

When a township board of education did not organize as 
required, on the first Monday in January, and under the board 
which held over an election to issue bonds was carried, the elec- 
tion is valid as is every action of said board up to the time of 
the organization as required by section 4747, General Code. 

The board may and should, nevertheless, organize as soon as 
possible, despite their failure to do so within the stipulated time. — 
Attorney General, 1911-12, p. 517. 

An attempt by a township board of education, after April 
26, 1910 (the date of the amendment making a township clerk the 
clerk of the school board) to organize and elect other than the 
township clerk to the office of clerk of the board is void. 

After such an organization, an election held to issue bonds, 
while the illegally appointed clerk is acting without bond, is void. 

As the prosecutor is made by statute the legal adviser of both 
the township clerk and the township board of education, when a 
controversy arises between these two, he may defend the side 
which, in his view, appears just. — Attorney General, 1911-12, p. 
1665. 

As there are no compulsory, conflicting duties, the clerk of 
a township may serve as member of the township board of educa- 
tion. — Attorney General, 1911-12, p. 1204. 

Under section 4747, General Code, the clerk of the township 
becomes ipso facto the clerk of the school board and no election 
by the school board is required to authorize him to act as clerk. 
— Attorney General, 1911-12, p. 1099. 

From the principles established by the decision in the case of 
State ex rel. Stolzenbacher vs. Felty, Auditor, No. 9372, decided 
by the supreme court in 1905, but not recorded. 

1. The treasurer of a city, village or township may by failing 
to qualify as treasurer of the school funds refuse to serve as such 
treasurer. 

2. If the township clerk fails to qualify as clerk of the 
township board of education, such failure does not affect his 
status as township clerk. 

3. If a township treasurer resigns as treasurer of the school 
funds the board of education has the right if it chooses to accept 
his resignation and in such cases may elect a successor to him as 
treasurer of the school funds. 

4i If by reason of the establishment of a depository, the 
treasurer of the school district is dispensed with according to law, 
and the clerk gives addition bond required of him as treasurer by 
virtue of section 4783 G. C, he will then be obliged to perform the 
duties of the treasurer without extra compensation unless he re- 
signs. He may, however, refuse to qualify as such treasurer and 
the board may elect a substitute. 

5. The refusal of a township clerk to qualify for the duties 
which devolve upon him by the establishment of a depository under 
section 4783 G. C, will not in any way affect his status as town- 
ship clerk, and under such circumstances the board may select a 
substitute to act as treasurer. — Attorney General, 1911-12, p. 289. 

By specific provision of Section 4747, General Code, a member 
of a board of education may at the same time, act as its clerk and 
receive compensation for both services. 

The position of members of the board of education and treas- 
urer of the board are incompatible, however. 

Under Section 4782, General Code, when a depository is 
established, the clerk performs the duties of the treasurer and a 



BOARDS OF EDUCATION. lOI 

member of the school board may, in this case, perform such duties. 
— Attorney General, 1912, p. 1776. 

The offices of township clerk and clerk of the board of edu- 
cation though held by the same individual, are distinct and the 
board may fix its own compensation for services rendered as its 
clerk by the township clerk. — Attorney General, 1912, p. 1152. 

Inasmuch as by the provisions of Section 7786, a clerk of the 
township board of education is obliged to pass on reports of teach- 
ers before an order may be drawn ^by- said clerk for the payment 
of their salaries, the office of said clerk constitutes a check upon 
the position of teacher, and therefore both positions may not be 
held at the same time by the same individual. — Attorney General, 
1913, p. 1097. 

Under article 15, section 4 of the constitution, a woman may 
not be elected to or appointed to any office in this state. Under 
article 6, section 2 and article 1, section 7, of the constitution, 
however, through the powers therein conferred upon the general 
assembly to secure a thorough and efficient system of common 
schools and to encourage schools and the means of instruction, 
the provision of section 4862, General Code, permitting a woman 
to serve as member of the board of education and to vote for 
members thereof, is held to be valid and constitutional. 

Since, therefore, women may serve on the board of education 
and since, furthermore, section 4747, General Code, provides that 
in any district other than the township school district, a member 
of a board of education may be elected clerk of the board, a 
woman in this district may be so elected clerk, under authority of 
this statute. 

The statutes do not confer the right, however, of a woman 
to serve as clerk of a township, and since the statutes require such 
clerk to act as clerk to the school board, a woman may not serve 
in the latter capacity. The statutes, furthermore, have not made 
provision for service as treasurer of a school board by a woman 
and she may, therefore, not serve in that capacity. — Attorney 
General, 1913, p. 466. 

Construction of section 7705, General Code, as amended, 104 
O. L., 144, also section 4747, General Code, as amended, 104 O. 
L., 139. 

Said sections prohibit a clerk of the board of education from 
being employed as teacher by the board of which such teacher is 
the clerk. — Attorney General, Opinion 1263, November 27, 1914. 

The township clerk remains, ex-officio, the clerk of the town- 
ship board of education until a board of education has been elected 
and organized, under the provisions of section 4747, as amended, 
194 O. L., 139. 

A county board of education may not create a new rural 
district containing fifteen square miles, from an existing rural 
district, which leaves the original district containing less than 
fifteen square miles. — Attorney General, Opinion No. 51, Febru- 
ary 2, 1915. 

A member of the Ohio General Assembly cannot serve as a 
clerk of the village board of education of which he is a member 
and receive a salary as such clerk. — Attorney General, Opinion 
177, March 27, 1915. 

The president of a board of education is an officer within the meaning 
of the statutes which provide for his election, and he continues in offices until 
his successor is elected and qualified: State, ex rel., v. Withrow, 21 O. C. 
D. 215. 

Under former statutes it was said that one member of the board of 
education of a special school district could not hold two of the offices of presi- 
dent, clerk and treasurer: State, ex rel., v. Heddleston, 8 Dec. Rep. 77, 5 
Bull. 502. 

Section 4747-1. Once each year all the members of Annual meet- 

t-he boards of education of the various village and rural j^fn,.°|rs^'^for 

school districts within any county school district shall hold a discussion of 

meeting for the purpose cTf discussing matters relating to te?s°°^ "'^*" 
the schools of such county school district. The county 



I02 BOARDS OF EDUCATION. 

superintendent shall arrange for the time and place of hold- 
ing such meeting and shall also act as chairman. (104 v. 

I33-) 

Vacancies in SECTION 4748. A vacancy in any board of education 

fined!' ^^"^ may be caused by death, non-residence, resignation, removal 
from office, failure of a person elected or appointed to 
qualify within ten days after the organization of the board 
or of his appointment, removal from the district or absence 
from meetings of the board for a period of ninety days, if 
such absence is caused by reasons declared insufficient by a 
two-thirds vote of the remaining members of the board, 
which vote must be taken and entered upon the records of 
the board not less than thirty days after such absence. Any 
-such vacancy shall be filled by the board at its next regular 
or special meeting, or as soon thereafter as possible, by 
election for the unexpired term. A majority vote of all 
the remaining members of the board may fill any such 
vacancy. (99 v. 51.) 

A man who is elected, qualified and acting as a member of 
township board of education is ineligible to continue as such 
officer after the establishment of a special school district of which 
latter district said officer is a resident and a taxpayer. — Attorney 
General, 1911-12, p. 1477. 

Under section 4748, General Code,_ the vacancy in a board of 
education may be filled by the remaining members for the unex- 
pired term only. Where, however, provision is not made for the 
election of a successor at the regular election for such officers, 
the incumbent will hold over until a successor is elected and quali- 
fied. — Attorney General, 1913, p. 32. 

When a newly incorporated village is formed with a tax 
duplicate of more than $100,000, such village becornes ipso facto 
a village school district, but when such village fails to elect _ a 
board of education v/hen the village officers are elected, a special 
election for members of such board of education is not author- 
ized by law. Such members can only be elected in the odd num- 
bered years. 

When in a township there exists two or more districts un- 
connected and the village school district and the further special 
district is organized, the two subdistricts and the part of the town- 
ship not included in the village district or the special district, will 
all "comprise parts of the township school district. The village 
district also will remain under the control of the township board 
of education until such time as it is properly organized after its 
members are elected. 

Under section 4748, General Code, when three out of five 
members of a township board of education becorne disqualified for 
that office by reason of the formation of a special school district, 
the two remaining members may fill such vacancies in the town- 
ship board. 

Inasmuch as there are no officers upon whom rests the min- 
isterial duty to organize the village district or to call an election 
for members of its board of education, such election may not be 
enforced by mandamus. The organization may be brought about 
by a sufficient number of electors taking steps to become candidates 
for the village board of education at the November election and 
• the board of elections would be required to place their names upon 

the ballots and hold an election thereior. — Attorney General, 1913, 
p. 460. ' I 

When under Section 7610, General Code, the commissioners 
have, by reason of the failure of the board of education so to do, 



BOARDS OF EDUCATION. IO3 

made an appointment to fill a vacancy in the board of education, 
such appointment can be made only "for the unexpired term." 

When the county commissioners through a mistaken under- 
standing of their powers, have entered upon their minutes that 
the appointment is "until the next general election," the fact that 
the appointment is in reality "for the unexpired term" is not 
affected, and a "nunc pro tunc" entry to that effect may be made 
upon the commissioners' journal as notice of the statutory term. — 
Attorney General, 1912, p. 1146. 

The removal from a city school district, indefinitely of a 
member of a board of education creats a vacancy in said board. — 
Attorney General, Opinion 990, June 19, 1914. 

An adjournment of a board of education sine die does not amount to a 
resignation of the members who participated in such action: State, ex rel., 
V. Shafer. 18 O. C. C. 525. 

By virtue of this section, it was said that if a person elected, qualified 
within ten days from the organization of the board, his right to his office was 
not affected by his failure to file a statement required by the corrupt practices 
act: State, ex rel., v. Jaquis, 11 O. C. D. 91. 

Section 4749. The board of education of each Corporate 
school district, organized under the provisions of this title, SCrrd^^of^^ 
shall be a body politic and corporate, and, as such, capable education, 
of suing and being sued, contracting and being contracted 
with, acquiring, holding possessing and disposing of real 
and personal property, and taking and holding in trust for 
the use and benefit of such district any grant or devise of 
land and any donation or bequest of money or other per- 
sonal property and of exercising such other powers and 
privileges as are conferred by this title, and the laws re- 
lating to the public schools of this state. (85 v. 133.) 

Under authority of Sections 4749 and 7620. General Code, 
boards of education may legally construct a foot bridge upon a 
strip of land in which a right of way for a walk has been deeded 
it and a condition in the deed for such right of way providing for 
its use by the board in common with the grantor would not in- 
validate the same. — Attorney General, 1912, p. 1842. 

Section 4750, General Code, providing for the sale of real 
estate valued in excess of $300.00 at auction does not compel the 
board of education to dispose of the property to the highest bidder 
and the board in its notice of sale may reserve the right to reject 
any and all bids. — Attorney General, 1912, p. 493. 

Section 4749, General Code, which enumerates the power of 
the board of education with reference to acquiring, holding, pos- 
sessing and disposing of real and personal property, does not in- 
clude any provision for the leasing of such property by the board, 
and as the statutes nowhere prescribe the manner of executing 
such a lease, the board cannot be held to possess such power. — 
Attorney General, 1913, p. 1508. 

A board of education is a body corporate, capable of suing and being 
sued, but it is not such a corporation as is contemplated in G. C. Sec. 12304. 
The courts have no power to do away with a board of education, and while 
quo warranto would lie against members of a board, it does not lie against 
the office itself: State, ex rel., v. Board of Education, 7 O. C. C. 152, 3 O. 
C. D. 703. 

A board of education i.=^ a body corporate: State, ex rel., v. Liberty 
Township, 22 O. S. 144. 

A board of education is a quasi corporation only, and it is not a public 
or a municipal corporation: Finch v. Board of Education, 30 O. S. 37. 

Under the act of May 1, 1873, for the reorganization and maintenance 
of common schools, the corporate boards of education therein provided for 
succeed to all rights of action in relation to the commori school property and 
funds, which were theretofore vested, by previous legislation, in other agencies 
to whose control such property and funds had been confided: Crofton v. 
Board of Education, 26 O. S. 571. 

Since a board of education is a legal entity endowed with power to sue, 
it may sue a defaulting treasurer of such board without first resorting to his 
bond: Board of Education v. Milligan, 51 O. S. 115. 



I04 



BOARDS OF EDUCATION. 



Board may 
make rules; 
legal meet- 
ings. 



Special meet- 
ing of the 
board. 



A board of education is not liable in its corporate capacity for damages 
wherein, in excavating on its own lots for the erection of a school building, 
it wrongfully and negligently carries the excavation below the statutory depth 
of nine feet, thereby undermining and injuring the foundation and walls of a 
building of an adjoining owner: Board of Education v. Volk, 72 O. S. 469. 

In the absence of a statute which creates a liability, a board of educa- 
tion is not liable in its corporate capacity for an injury which has been sus- 
tained by a pupil while attending the common school, for the negligence of 
such board in discharging its official duties in erecting and maintaining such 
common school building: Finch v. Board of Education, 30 O. S. 37. _ 

An agreement by members of a township board of education, acting in 
their individual capacity, to purchase from another person apparatus for the 
schools of the township, and to ratify said contract of purchase at the next 
meeting of the board, is contrary to public policy, and therefore illegal and, 
void: McCortle v. Bates, 29 O. S. 419. 

The board of education must act as a body, and not as individuals, and, 
accordingly, a contract which is signed by the members of the board sepa- 
rately, and which has been delivered by the clerk, but which has been repu- 
diated by the board as a corporate body at a subsequent meeting, is not a 
valid contract and is not binding on their part: State, ex rel., v. Liberty 
Township, 22 O. S. 144. 

Section 4750. The board of education shall make 
such rules and regulations as it deems necessary for its 
government and the government of its employes and the 
pupils of the schools. No meeting of a board of education,^ 
not provided for by its rule or by law, shall be legal unless ' 
all the members thereof have been notified, as provided in 
the next section. (97 v. 356.) 

Section 4750, General Code, providing for the sale of real 
estate valued in excess of $300.00 at auction does not compel the 
board of education to dispose of the property to the highest bid- 
der and the board in its notice of sale may reserve the right to 
reject any and all bids. — Attorney General^ 1912, p. 493. 

A rule which provides for the proper examination at the end of the 
school year of pupils jointly by the teacher of the grade in which such pupils 
have been students and the superintendent of the schools, and for the promo- 
tion of pupils to the next higher grade upon the recommendation of such 
teacher and superintendent, the same being based on merit, is a reasonable 
rule: Board of Education v. State, ex rel., 80 O. S. 133. 

A board of education is not authorized by this statute to impose upon 
the clerk the duty of receiving tuition funds belonging to such board_ or to 
become the custodian thereof; and if, pursuant to a rule attempting to impose 
such powers and duties upon the clerk, he receives the tuition funds and the 
custody thereof, and he fails to account therefore, the sureties upon his bond 
are not liable therefor: State, ex rel., v. Griffith, 74 O. S. 80. 

Under this section a board of education may adopt rules for the election 
of teachers, but such rules must not be inconsistent with G. C. Sec. 4752; 
Board of Education v. Best, 52 O. S. 138. 

If, under this section, the hoard of education has adopted a rule to the 
effect that a resolution which provides for a change of textbooks shall be 
referred to the textbook committee, and shall not be acted upon for four 
weeks from its introduction, such rule is held to be reasonable and binding 
upon the board: State, ex rel., v. Board of Education, 2 O. C. C. 510, 1 O. 
C. D. 614. 

If a board of education has passed a resolution under this section pro- 
hibiting the reading of the Bible and prayer or other religious instructions in 
school, its action is final, and it cannot be reviewed by the courts: Board of 
Education v. Paul, 7 O. N. P. 58, 10 O. D. (N. P.) 17. 

A regulation requiring the reading of the Bible as an opening exercise 
in school is valid, and the courts have no right to interfere therewith: Nessle 
V. Hum, 1 O. N. P. 140, 2 O. D. (N. P.) 60. 

Section 4751. A special meeting of a board of ed- 
ucation may be called by the president or clerk thereof or 
by any two members, by serving a written notice of the time 
and place of such meeting upon each member of the board 
either personally or at his residence or usual place of busi- 
ness. Such notice must be signed by the official or mem- 
bers calling the meeting. (97 v. 355.) 

The president of a board of education who is also a director 
and stockholder of a material company, which material company 
sells its material to the principal contractor dealing with said board 
of education, has such an interest in said contract as is prohibited 



BOARDS OF EDUCATION. IO5 

by Section 4767, G. C. No criminal penalty is attached to the 
violation of Section 4857, G. C., but this section does affect the 
validity of contracts. — Ahorney General, Opinion 139, March 13, 
1915. 

Section 4752. A majority of the members of a board Quorum; yeas 
of education shall constitute a quorum for the transaction c^min^^asS 
of business. Upon a motion to adopt a resolution author- 
izing the purchase or sale of real or personal property or to 
employ a superintendent or teacher, janitor or other em- 
ploye or to elect or appoint an officer or to pay any debt or 
claim or to adopt any text book, the clerk of the board shall 
publicly call the roll of the members composing the board 
and enter on the record the names of those voting ''Aye" 
and the names of those voting "No." If a majority of all 
the members of the board vote aye, the president shall de- 
clare the motion carried. Upon any motion or resolution, 
a member of the board may demand the yeas and nays, and 
thereupon the clerk shall call the roll and record the names 
of those voting "Aye' 'and those voting '*No." Each board 
may provide for the payment of superintendents, teachers 
and other employes by pay-roll, if it deems advisable, but 
in all cases such roll call and record shall be complied with ; 
provided, that boards of education of township school dis- 
tricts may provide for the payment of teachers monthly ^ception. 
if deemed advisable upon the presentation, to the clerk, of 
a certificate from the director of the subdistrict in which 
the teacher is employed stating that the services have been 
rendered and that the salary is due ; the adoption of a reso- 
lution authorizing the clerk to issue warrants for the pay- 
ment of the teacher's salary on presentation of such cer- 
tificate shall be held as compliance with the above require- 
ments, (loi V. 316.) 

A city school district is not authorized to pay for publica- 
tion in a newspaper of a statement of receipts and expenditures 
for the year. 

When such action is performed, 

1. The newspaper cannot be held, as the payment was volun- 
tary. 

2. The members of the board of education who voted for 
the move are guilty of a misfeasance and are subject under the 
terms of 286, G. C., to civil action by the proper legal officer for 
a recovery. 

3. The president, clerk and treasurer, acting in good faith, 
in their respective capacities performed merely ministerial acts and 
are therefore not liable. — Attorney General, 1911-12, p. 272. 

The position of teacher in public schools is not considered 
a public office, consequently there is no inhibition against a mem- 
ber of the general assembly being employed as a teacher in the 
public schools. — Attorney General, 1913, p. 52. 

Section 4749, General Code, which enumerates the power of 
the board of education with reference to acquiring, holding, pos- 
sessing and disposing of real and personal property, does not in- 
clude any provision for the leasing of such property by the board, 
and as the statutes nowhere prescribe the manner of executing 
such a lease, the board cannot be held to possess such power. — 
Attorney General, 1913, p. 1508. 

This section is to be construed in connection with G. C. Sec. 4750, and 
it is not intended that the action provided for in this section may be taken in 



io6 



BOARDS OF EDUCATION. 



violation of any reasonable rules which may have been adopted by the board 
by virtue of G. C. Sec. 4750: State, ex rel., v. Board of Education, 2 O. C. C. 
510, 1 O. C. D. 614. 

The statutory provision requiring the calling of the roll for an "aye" 
and "no" vote, and the entering of such vote upon the record, is manda- 
tory; and an election without complying with such provision is a nullity: 
Board of Education, v. Best, 52 O. S. 138. 

Where the minute book, containing a record of the proceedings of a 
board of education, .shows that all the members of the board were present; 
that a motion to proceed to the election of teachers was carried by a unan- 
imous vote, and that an applicant for the position of teacher was declared 
elected by a unanimous vote, but that the clerk did not call the roll of the 
members, -and the names of those voting aye were not entered on the record, 
the requirement of the statute was not sufficiently complied with, and the 
election was invalid: Board of Education v. Best, 52 O. S. 138. 

In order to constitute a legal employment of a teacher by a board of 
education, a majority of all the members of such board must vote aye on that 
proposition: Rush v. Board of Education, 20 O. C. C. 361, 11 O. C. D. 181. 

A superintendent of schools who has been appointed by a board of 
education under this section, has been held to be an employe, and not a public 
officer, within the meaning of the constitutional provision which forbids a 
change in the salary of a public officer during the term of his office: Ward 
V. Board of Education, 21 O. C. C. 699, 11 O. C. D. 671. 

A contract for sinking a well is inckided within the provisions of this 
section, requiring a yea and nay vote, since this amounts to a purchase of a 
well: Newbauer v. Union Township, 8 O. D. (N. P.) S49. 

If the minutes show that there was an aye and nay vote, and they 
further show kow each member voted, such minutes show a sufficient compli- 
ance with this section, even if they do not state expressly that the roll was 
called: Youmans v. Board of Education, 13 O. C. C. 207, 7 O. C. D. 2G9. 

The legal adoption of a resolution by a board of education can only be 
shown by the entry upon the minutes of the names of the members of the 
board voting "aye" and the names of the members voting "nay," as required 
by this section. A statement in the minutes of the board that all the members 
were present at roll-call, and later on that all voted "aye" on a given question, 
is not a compliance with this statute: Beck v. Board of Education, 9 O. C. C. 
(N. S.) 551, 19 O. C. D. 717. 



Absence of 
president or 
clerk. 



Record of 
proceedings 
and attesta- 
tion thereof. 



Section 4753. If the president or clerk is absent at 
any meeting of the board of education, the members pres- 
ent shall choose one of their number to serve in his place 
pro tempore. If both the president and clerk are absent, 
both places shall be filled. On the apprarance of either at 
the meeting after his place has been so filled, he shall imme- 
diately assume the duties of his office. (70 v. 195.) 

Section 4754. The clerk of the board of education 
shall record the proceedings of each meeting in a book 
to be provided by the board for that purpose, which shall 
be a public record. The record of proceedings at each 
meeting of the board shall be read at its next succeeding 
meeting, corrected, if necessary, and approved, which ap- 
proval shall be noted in the proceedings. After such ap- 
proval the president shall sign the record and the clerk 
attest it. (71 V. 15.) 

A board of education can speak only through its records, and these 
must accordingly be complete, showing just what the board did, and no 
more. A motion made by a member, seconded by another member, stated 
by the president, and voted on by the board, is business, and is to be recorded, 
though not a single member voted for it. Any vote upon it, as to refer, to 
postpone, or to lay upon the table, is action, and should be recorded. If the 
board adjourn pending the consideration of the motion, the motion should be 
recorded. If the mover withdraws the motion, by consent of the board, by 
general consent it may also be omitted from the records. 

The records of a special meeting should state by whom the meeting was 
called, as the legality of the proceedings depends upon the legality of the call. 

If a record is inadequately entered, parol evidences may. it seems, be 
admitted to show that action was taken which is not fovind on the records 
at all. The commissioner of schools of Rhode Island decided, under instruc- 
tion of Judge Brayton, of the supreme court, that "imperfections in a clerk's 
record of a resolution do not render invalid a tax properly voted." Yet all 
these imperfections in the record lead to trouble — some litigation, often to 
questions which only courts of law can decide, and in which their decision 
may be such as to defeat what was attempted to be done in the case. 

The power to amend the records exists with the clerk while he is in 
office, but not after his term expires, nor for any purpose other than to make 
"them truthful and complete as to fact: 11 Mass. 477; 17 Maine, 444. 



BOARDS OF EDUCATION. IO7 

Records of quasi corporations are not considered of that absolute verity 
that parol testimony is inadmissible to show facts upon which the record is 
silent: 5 Ohio, 136. 

Recording of vote in certain cases; see Sec. 4752. 

If a contract with a teacher has been made in compliance with statute, 
and at a regular called meeting, but no record thereof has been made, such 
teacher may prove the official action of such board by competent oral testi- 
mony: Dixon V. Subschool District, 3 O. C. C. 517, 2 O. C. D. 298. 

Section 4755. By the adoption of a resolution, a ^^^^^^ ^^^ 
board of education may accept any bequest made to it by accept be- 
will of may accept any gift or endowment from any per- ^"^^*^- 
son of corporation upon the conditions and stipulations 
contained in the will or connected with the gift or endow- 
ment. For the purpose of enabling the board to carry out 
the conditions and limitations upon which a bequest, gift or 
endowment is made, it may make all rules and regulations 
required to fully carry them into effect. No such bequest, 
gift or endowment shall be accepted by the board if the con- 
ditions thereof shall remove any portion of the public 
schools from the control of such board. (97 v. 355.) 

A school district which has been created by an invalid special act of the 
legislature is at least a de facto school district; and the board of education 
which has been elected therein and acts as a board of education is at least a 
de facto board, and it may in such capacity accept a bequest for school pur- 
poses by virtue of this section: Rockwell v. Blaney, 9 O. N. P. (N. S.) 495. 

A bequest to a board of education "for the purpose of erecting a public 
school building in and for the benefit of said school district," is a bequest in 
which the beneficiaries are the people of such school district: Rockwell v. 
Blaney, 9 O. N. P. (N. S.) 495. 

A bequest to a board of education for school purposes is a gift in trust 
for a charitable purpose; and such gift should be construed liberally in order 
that the intention of the doner may be given effect: Rockwell v. Blaney, 9 
O. N. P. (N. S.) 495. 

Section 4756. When a board of education decides to How real 
dispose of real or personal property, held by it in its cor- F°P^[Jy "^^^ 
porate capacity, exceeding in value three hundred dollars, 
it shall sell such property at public auction after giving at 
least thirty days' notice thereof by publication in a news- 
paper of general circulation or by posting notices thereof 
in five of the most pubHc places in the district in which 
such property is situated. When the board has twice so 
offered a tract of real estate for sale at public auction and 
it is not sold, the board may sell it at private sale, either as 
an entire tract or in parcels, as the board deems best. Pro- 
vided, however, that in case the board of education decides 
to dispose of such real property, it may sell and convey the 
same to any municipality or board of trustees of the school 
district library in which such real estate is situated, upon 
such terms and conditions as may be agreed upon. The 
president and secretary of the board shall execute and de- 
liver deeds necessary to complete the sale or transfer pro- 
vided for by this action. (103 v. 536.) 

Section 4750, General Code, providing for the sale of real 
estate valued in excess of $300.00 at auction does not compel the 
board of education to dispose of the property to the highest bid- 
der and the board in its notice of sale may reserve the right to 
reject any and all bids. — Attorney General, 1912, p. 493. 

Section 4749, General Code, which enumerates the power of 
the -board of education with reference to acquiring, holding, pos- 
sessing and disposing of, real and personal property, does not in- 



I08 BOARDS OF EDUCATION. 

elude any provision for the leasing of such property by the board, 
and as the statutes nowhere prescribe the manner of executing 
such a lease, the board cannot be held to possess such power. — 
Attorney General, 1913, p. 1508. 

A dedication of real property for school purposes is a dedication for a 
specific use, and the board of education acquires thereby no power of aliena- 
tion so as to extinguish such use: Board of Education v. Edson, 18 O. S. 221. 

A board of education has the title to the property on such school dis- 
trict in trust for school purposes; and a lease of a public schoolhouse for the 
purpose of having a private school conducted therein for a certain period is 
in violation of such trust, and a resident taxpayer of such district may sue in 
equity for an injunction to restain such use: Weir v. Day, 35 O. S. 143. 

If land has been conveyed to a township board of education, its suc- 
cessors and assigns, for school purposes only, and such land is subsequently 
sold by such board at public outcry, and the original grantor or his grantee 
enters upon such land, and to test the title thereto, the grantee of such board 
of education brings trespass against such original grantor, it_ was held that 
such sale was by itself no breach of such condition, it not having been shown 
that such grantee had diverted such land to other than school purposes: 
Taylor v. Binford, 37 O. S. 262. 

Conveyance SECTION 4757. Conveyances made by a board of 

and contracts, e^jucation shall be executed by the president and clerk 
thereof. No member of the board shall have directly or 
indirectly any pecuniary interest in any contract of the 
board or be employed in any manner for compensation by 
the board of which he is a member except as clerk or treas- 
urer. No contract shall be^ binding upon any board unless 
it is made or authorized at a regular or special meeting of 
such board. (70 v. 195.) 

Inasmuch as by the provisions of section 7786, a clerk of the 
township board of education is obliged to pass on reports of 
teachers before an order may be drawn by said clerk for the 
payment of their salaries, the office of said clerk constitutes a 
check upon the position of teacher, and therefore both positions 
may not be held at the same time by the same individual. — 
Attorney General, 1913, p. 1097. 

Section 4749, General Code, which enumerates the power of 
the board of education with reference to acquiring, holding, pos- 
sessing and disposing of real and personal property, does not in- 
clude any provision for the leasing of such property by the board, 
and as the statutes nowhere prescribe the manner of executing 
such a lease, the board cannot be held to possess such power. — 
Attorney General, 1913, p. 1508. 

As there are no compulsory conflicting duties, the clerk of a 
township may serve as member of the township board of educa- 
tion. — Attorney General, 1911-12. p. 1204. 

Inasmuch as it is mandatorv upon the board of education to 
place the deposits in the bank offering the highest rate of interest 
for the same, members of the board who are stockholders in, or 
officers of the bank making the best bid. are not criminally liable 
for making such bank the depositorv. — Attornev General, 1912. 
p. 1246. 

A bank incorporated under the laws of Ohio cannot be ad- 
judged a bankrupt. A private bank, however, may become bank- 
rupt. 

Inasmuch as in order to constitute a preference a transfer 
must be made to pay a pre-existing debt, a village may receive 
municipal bonds owned bv a private bank as security for^ the de- 
posit therein of municipal funds, without danger of creation of a 
preference, or of liabilitv to nullification on the ground of fraud. 
— Attorney General, 1912, p. 1983. 

A board of education may enter into a contract with a re- 
tired member thereof. — Attorney General, 1912, p. 1083. 

Board of education can make no contract, appropriation, etc., unless 
money is in treasury and set apart; exception: G. C. Sec. 5660, et seq. 

Columbus — power of school board to convey to city as an addition to 
public park: 84 v. 108. 



BOARDS OF EDUCATION. I09 

This section, together witli others which devolve duties upon the presi- 
dent of the board of education, are said to render him an "officer": State, ex 
rel., V. Withrow, 11 O. C. C. (N. S.) 569, 21 O. C. D. 215 (affirmed, without 
report, Withrow v. State, ex rel., 81 O, S. 523). 

A sale of goods by a partnership to a board of education, the same 
person being both a member of such partnership and a member of such board, 
IS void: Grant v. Brouse, 1 O. N. P. 145, 2 O. D. (N. P.) 24. 

For a former staute invalidating a contract of a board of education 
unless an appropriation has been made therefor, see American Surety Co. v. 
Raeder, 15 O. C. C. 47, 8 O. C. D.» 684 (affirmed without report, American 
Surety Co. v. Raeder, 61 O. S. 661). 

Section 12883. Whoever, being a member of a board Member of 
of education, accepts or receives for his services as such ^°^^J^ °^ e^"- 

. ^ . . - cation accept- 

member any compensation except as clerk or treasurer 01 ing compen- 

such board or as otherwise provided by law, shall be im- ^^^'°"- 

prisoned in the penitentiary not less than one year nor 

more than twenty-one years and fined double the amount 

of money or other property so accepted or received (70 v. 

214.) 

Section 129 10. Whoever, holding an office of trust officer or 
or profit by election or appointment, or as agent, servant agent inter- 
or employe of such officer or of a board of such officers, contracts, 
is interested in a contract for the purchase of property, 
supplies or fire insurance for the use of the county, town- 
ship, city, village, board of education or a public institution 
with which he is concerned, shall be imprisoned in the pen- 
itentiary not less than one year nor more than ten years. 
(94 V. 391.) 

This section has been construed as applying to the agents, officers, and 
employes of towns, villages and cities of the state, and as a prohibition on all 
contracts between such a municipality and agent or servant interested therein: 
Findlay v. Pertz, 9 O. F. D. 30. 

The penalty is equivalent to prohibiting the act, and if one member of 
a board of five is interested, the board is in effect reduced to four, and is not 
then a legal board and its act or contract is void: Bellaire Goblet Co. v. 
Findlay, 5 O. C. C. 418. 



Section 12911. Whoever, holding an office of trust same as to 
or profit by election or apopintment, or as agent, servant °^^^^^ Con- 
or employe of such officer or of a board of such officers, is 
interested in a contract for the purchase of property, sup- 
plies or fire insurance for the use of the county, township, 
city, village, board of education or a public institution with 
which he is not connected, and the amount of such contract 
exceeds the sum of fifty dollars, unless such contract is let 
on bids duly advertised as provided by law, shall be im- 
prisoned in the penitentiary not less than one year nor more 
than ten years. (94 v. 391.) 

Section 12932. Whoever, being a local director or Employing 
member of a board of education, votes for or participates [|^^5JJr. ^' 
in the making of a contract with a person as a teacher or 
instructor in a public school to whom he or she is related 
as father or brother, mother or sister, or acts in a manner 
in which he or she is pecuniarily interested, shall be fined 
not less than twenty-five dollars nor more than five hundred 
dollars or imprisoned not more than six months, or both. 
(86 V. 207.) 



no 



BOARDS OF EDUCATION. 



Exchange of 
real estate. 



School prop- 
erty exempt 
from taxa- 
tion. 



Section 4758. Upon a vote of a majority of the 
members of a board of education ^nd a concurring vote of 
the council of a municipal corporation, declaring that an 
exchange of real estate held by such board for school pur- 
poses for real estate held by such municipal corporation for 
municipal purposes will be mutually beneficial to such 
school district and municipal corporation, such exchange 
may be made by conveyances, executed by the nlayor and 
clerk of the corporation and by the president and clerk of 
the board of education, respectively. (85 v. 133.) 

Section 4759. Real or personal property vested in 
any board of education shall be exempt from taxation and 
from sale on execution or other writ or order in the nature 
of an execution. (70 v. 195.) 

Non-taxation of school property; Sec. 6349. 

Provisions relating to taxation of school, ministerial, and other lands: 
Sec. 5330. 

Sidewalk — School property not assessable for: 48 O. S. 87. 

Property purchased by a board of education, and upon which there is 
a mortgage lien, may be sold on foreclosure: 39 B., 76; affirmed by supreme 
court. 

School property cannot be subject to the payment of a claim for dam- 
ages which have been received by a private person by reason of the negligence 
of the board of education: Finch v. Board of Education, 30 O. S. 37. 

School property is not rendered liable to assessment for a street 
improvement by reason of the fact that with knowledge that the property was 
not liable to assessment the school board petitioned for the improvement: 
Board of Education v. Bowland, 3 O. N. P. (N. S.) 122, 15 O. D. (N. P.) 334. 

Where the lien of an assessment for a street improvement has already 
attached, it will not be defeated by the subsequent purchase of the property 
by a school board: Board of Education v. Bowland, 3 O. N. P. (N. S.) 122, 
15 O. D. (N. P.) 334. 

If property upon which there is a mortgage is purchased by a board of 
education, the lien of such mortgage may be enforced by foreclosure pro- 
ceedings: Board of Education v. Stephenson (supreme court, not reported), 
39 Bull. 75, 1 O. S. U. 743. 

If property is conveyed to a board of education for school purposes, 
the widow of the grantor is not entitled to dower therein: since if dower is 
adjudged to her, such judgment could not be enforced unless such property 
were applied to purposes other than school purposes: Steel v. Board of Edu- 
cation, 1 O. D. (N. P.) 276. 



School houses, 
churches, 
colleges, etc. 



Section 5349. Public school houses and houses used 
exclusively for pubHc worship, the books and furniture 
therein and the ground attached to such buildings necessary 
for the proper occupancy, use and enjoyment thereof and 
not leased or otherwise used with a view to profit, public 
colleges and academies and all buildings connected there- 
with, and all lands connected with public institutions of 
learning, not used with a view to profit, shall be exempt 
from taxation. This section shall not extend to leasehold 
estates or real property held under the authority of a 
college or university of learning in this state, but leaseholds, 
or other estates or property, real or personal, the rents, 
issues, profits and income of which is given to a city, 
village, school district, or subdistrict in this state, exclusively 
for the use, endowment or support of schools for the free 
education of youth without charge, shall be exempt from 
taxation as long as such property, or the rents, issues, 
profits or income thereof is used and exclusively applied 



BOARDS OF EDUCATION. 



Ill 



for the support of free education by such city, village, 
district or subdistrict. (99 v. 449.) 

Land owned by a college and used for a pumping station, from which 
water is furnished to the college community and is also sold to outsiders at 
a profit, is taxable so long as the practice of vending water to persons not 
connected with the college is continued: Kenyon College v. Schnably, 8 O. 
N. P. (N. S.) 160, 19 O. D. (N. P.) 432. 

The exemption from taxation of property belonging to colleges and 
academies, provided by this section, extends to all buildings and lands that 
are with reasonable certainty used in furthering or carrying out the necessary 
objects and purposes of the institution: Kenyon College v. Schnably, 12 O. 
C. C. (N. S.) 1, 21 O. C. D. 150. 

Under this section, residences occupied by the president and professors 
and janitor of a college are exempt, as also is vacant land from which no 
revenue is derived; but land used for agricultural purposes or pasturage is 
not exempt: Kenyon College v. Schnably, 12 O. C. C. (N. S.) 1, 21 O. 
C. D. 150. V. ^ ' 

Property leased to parties under an agreement requiring that they con- 
duct therein a grammar school, which is treated as a preparatory department 
of the college, is not taxable while so used, but becomes taxable upon the 
burning of the building and the abandonment of the site for grammar school 
purposes: Kenyon College v. Schnably, 8 O. N. P. (N. S.) 160, 19 O. D. (N. 
P.J» 432 ■ > I 1 I 1 I ..J 1 

Under a statute which exempted school property but provided that the 
buildings, or any land not occupied for literary purposes might be taxed, it 
was held that the home of a professor upon the grounds of Kenyon college 
was not exempt from taxation: Kendricks v. Farquhar, 8 O. 189. 

That property which is used for college purposes alone is exempt from 
taxation, see Myers v. Atkins, 8. O. C. C. 228. 

A building which is owned by a college and which is used for stores 
and the like, the income therefrom being applied to college purposes, is not 
exempt from taxation: Cincinnati College v. State, 19 O. 110. 

The exemption of lands belonging to the Ohio university are leased for 
ninety-nine years, renewable forever, the owner may be exempted from taxa- 
tion by statute (the statutory exemption in this case was from "all state 
taxes") : State, ex rel., v. Auditor of State, 15 O. S. 482. 

If school land is leased, and the ground rent is used for the support 
of the school, a building on such land is subject to taxation: State, ex rel., 
v. Cappeller (Ham. Dist. Court), 8 Dec. Rep. 219, 6 Bull. 339. 

Section 4760. Process in all suits against a board of 
education shall be by summons which shall be served by 
leaving a copy thereof with the clerk or president of the 
board. (70 v. 195.) 

In a suit against a board of education process must be served as pro- 
vided in this section: State, ex rel., v. Coon, 4 0. C. C. (N. S.) 560, 16 
O. C. D. 241. 



Processes 
against 
boards, how 
served. 



Section 4761. Except in city school districts, the 
prosecuting attorney of the county shall be the legal ad- 
viser of all boards of education of the county in which he is 
serving. He shall prosecute all actions against a member 
or officer of a board of education for malfeasance or mis- 
feasance in office, and he shall be the legal counsel of such 
boards or the officers thereof in all civil actions brought by 
or against them and shall conduct such actions in his official 
capacity. When such civil action is between two or more 
boards of education in the same county, the prosecuting at- 
torney shall not be required to act for either of them. In 
city school districts, the city solicitor shall be the legal ad- 
viser and attorney for the board of education thereof, and 
shall perform the same services for such board as herein 
required of the prosecuting attorney for other boards of 
education of the county. (97 v. 355.) 

In a controversy between a board of education of a city 
school district and the city, the solicitor is at liberty to choose 
which of the two parties he will represent regardless of a resolu- 
tion of council ordering him to represent the city. — Attorney Gen- 
eral, 1912, p. 1771. 



Prosecuting 
attorney or 
city solicitor 
to be counsel 
of school 
board. 



112 



BOARDS OF EDUCATION. 



The duties of the city solicitor with respect to city school 
district boards of education, are set out in full in Section 4761, 
General Code, and as he is made the "legal adviser" of such 
boards, it is his duty as such to give his opinion upon the legal 
title to real estate in which the board is interested. 

He may formulate his opinion in any reliable legal manner 
he desires however, and is not compelled to make his advice take 
the form of an abstract of t\t\t. — Attorney General, 1912, p. 1841. 

Inasmuch as under Section 4701, General Code, the prosecut- 
ing attorney is obliged to prosecute all actions against members 
of a village board of education for misfeasance or malfeasance 
in office considerations of public policy will not permit that official 
to hold a position on such board of QAucdition. — Attorney General, 

Section 4761, General Code, beyond dispute, makes the city 
sohcitor the legal advisor of city school districts. Also, by provi- 
sion of Section 4761, the prosecuting attorney is made the legal 
advisor of all school boards within the county with the single 
exception of boards of education which are engaged in civil actions 
with one another. 

The village solicitor being appointed by contract, fulfilling 
only contractual duties, serving for an indefinite term and not 
being obligated to take oath or give bonds, is not an "official" 
within the meaning of Section 4762, General Code, which stipulates 
that these duties shall fall upon "any official serving in a similar 
capacity" to that of prosecuting attorney or city solicitor. This 
language refers to "county solicitors," "directors of law" and "cor- 
poration counsel" (all of which offices existed at the time of the 
passage of Section 4762, General Code) and to such other similar 
offices as might be created in the future. 

At the present time, therefore, the legal duties necessitated 
by village board of education also fall upon the prosecuting 2X- 
torney. — Attorney General, 1912, p. 487. 

Cited to show that the legislature did not intend the county prosecutor 
and the county solicitor, where such provision was made for such officer to 
have the same duties: State, ex rel., v. Hynicka, 17 O. D. (N. P.) 378. 

Unless the city solicitor refuses or fails to act as required by law, the 
board of education has no power to employ additional counsel. If, however, 
such solicitor determines to act on behalf of a de facto board, and not on 
behalf of the de jure board, such latter board may employ other counsel: 
Caldwell v. Marvin, 8 O. N. P. (N. S.) 387. 

This section does not authorize the prosecuting attorney in his official 
capacity to bring a suit for an injunction to restrain a board of education 
from applying money which is in its treasury, and which is the proceeds of 
taxes levied to build a schoolhouse, to refund money which it borrowed in 
anticipation of such taxes: State, ex rel., v. Van Buren, 11 O. C. C. 41, 5 
O. C. D. 447. 



When ether 
officers may 
act; restric- 
tions. 



Section 4762. The duties prescribed by the preced- 
ing section shall devolve upon any official serving in a ca- 
pacity similar to that of prosecuting attorney or city solici- 
tor for the territory wherein a school district is situated, 
regardless of his official designation. No prosecuting at- 
torney, city solicitor or other official acting in a similar 
capacity shall be a member of the board of education. No 
compensation in addition to such officer's regular salary 
shall be allowed for such services. (97 v. 355.) 

Section 4761, General Code, beyond dispute, makes the city 
solicitor the legal advisor of city school districts. Also, by provi- 
sion of Section 4761, the prosecuting attorney is made the legal 
advisor of all school boards within the county with the single 
exception of boards of education which are engaged in civil actions 
with one another. 

The village solicitor being appointed by contract, fulfilling 
only contractual duties, serving for an indefinite term and not 
being obligated to take oath or give bonds, is not an "official" 



BOARDS OF EDUCATION. II3 

within the meaning of Section 4762, General Code, which stipulates 
that these duties shall fall upon "any official serving in a similar 
capacity" to that of prosecuting attorney or city solicitor. This 
language refers to "county solicitors," "directors of law" and "cor- 
poration counsel" (all of which offices existed at the time of the 
passage of Section 4762, General Code) and to such other similar 
offices as might be created in the future. 

At the present time, therefore, the legal duties necessitated 
by village board of education also fall upon the prosecuting at- 
torney. — Attorney General, 1912, p. 487. 

Section 12823. Whoever corruptly gives, promises or ^.^.^^ 
offers to a member or officer of the general assembly, or of cepting bribes 
either house thereof, or to a state, judicial or other officer, ^^ °^^^''' ^^''^ 
public trustee, or an agent or employe of the state of 
such officer or trustee, either before or after his election, 
qualification, appointment or employment, any valuable 
thing, or corruptly offers or promises to do any act bene- 
ficial to such person to influence him with respect to his 
official duty, or to influence his action, vote, opinion or 
judgment, in a matter pending, or that might legally come 
before him, and whoever, being a member of the general 
assembly, or a state or other officer, public trustee, agent 
or employe of the state or of such officer or trustee, either 
before or after his election, qualification, appointment or 
employment, solicits or accepts any valuable or beneficial 
thing to influence him with respect to his official duty, or 
to influence his action, vote, opinion or judgment, in a 
matter pending, or that might legally come before him, 
shall be imprisoned in the penitentiary not less than one 
year nor more than ten years. (102 v. 129.) 

A member of the General Assembly who is convicted of re- 
ceiving a bribe, is disqualified from holding public office and from 
the date of his conviction, vouchers due to him as such member 
must be denied. 

Pending an appeal from such conviction, however, the status 
quo of the payments accruing should be preserved. — Attorney 
General, 1912, p. 114. 

EMBEZZLEMENT. 

Section 12873. Whoever, being charged with the col- Embezzlement 
lection, receipt, safekeeping, transfer or disbursement of ^^^^^"'^^^dg. 
public money or a bequest, or part thereof, belonging to posit with 
the state, or to a county, township, municipal corporation, ^^^ ' 
board of education, cemetery association or comany, con- 
verts to his own use, or to the use of any other person, 
body corporate, association or party, or uses by way of 
investment in any kind of security, stock, loan, property, 
land or merchandise, or in any other manner or form, or 
loans with or without interest to a company, corporation, 
association or individual, or, except as provided by law, 
deposits with a company, corporation or individual, public 
money or other funds, property, bonds, securities, assets 
or effects received, controlled or held by him for safe- 
keeping or in trust for a specific purpose, transfer or dis- 

8 s. I.. 



114 



BOARDS OF EDUCATION. 



bursement, or in any other way or manner, or for any 
other purpose, shall be guilty of embezzlement of the money 
or other property thus converted, used, invested, loaned, 
deposited or paid out, and shall be imprisoned in the pen- 
itentiary not less than one year nor more than twnety-one 
years and fined double the amount of money or other 
property embezzled. (91 v. 338.) 

Where a board of education of a township permits its treasurer, by- 
agreement, to use its funds in his business, and renew this loan after his 
term has expired, the treasurer is guilty of embezzlement, and the board of 
advising and aiding in the embezzlement, and in an action against the sureties 
on the note given for such loan, the illegality of tlfe transaction may be set 
up: Board of Education v. Thompson, 33 O. S. 321. 

Interest earned upon public moneys becomes a part of the principal 
fund as soon as earned, and an appropriation thereof by a state treasurer is 
a breach of his official bond for which his sureties are liable: State v. 
McKinnon, 9 O. N. P. (N. S.) 513. 

A city treasurer is liable for interest received upon the deposit of school 
funds: Eshelby v. Board of Education, 66 O. S. 71. 

The clerk of the board of education is not authorized, nor is it made 
his duty by statute, to become the custodian of tuition funds belonging to 
such board, and where, pursuant to a rule of the said board, the clerk received 
such funds into his custody and failed to keep them safely, the sureties on 
his bond are not liable therefor: State, ex rel., v. Griffith, 74 O. S. 80. 

Where an officer of the state, charged by law with the care of public 
money, delivers any part of it to another, for use, to be repaid with interest 
at a future time, though the bond or other instrument evidencing the obliga- 
tion to repay may denominate the transaction a "deposit", it is in substance 
and legal eftect a loan: State v. Buttles, 3 O. S. 309. 

A loan by a board of education to its treasurer is within this section: 
Board of Education v. Thompson, 33 O. S. 321. 

Public money taken by an officer charged with its custody is embezzle- 
ment, and not larceny: Brown v. State, 18 O. S. 496. 

Although interest received on deposit of public funds may be recovered 
from a treasurer of a school district in a civil action, it does not follow that 
it was public money within the meaning of • this section and that taking it is 
embezzlement: State v. Pierson, S3 O. S. 241. 

Where one or two partners is a township treasurer, and, with the 
knowledge and consent of his partner, the township funds are deposited in 
bank to the firm's credit, and drawn upon in payment of the firm's debts, 
both parties are guilty of embezzlement: Davis v. Gelhaus, 44 O. S. 69. 

It is sufficient to aver that the money embezzled was public money 
belonging to the several municipalities, or to one or more of them, without 
stating the respective amounts belonging to each: Brown v. State, 18 O. S. 496. 

On the trial of a charge of embezzlement, the fact that the money 
alleged to have been embezzled by the accused was received in several sums, 
at different times, and from different persons, affords no ground for requiring 
the prosecutor to elect on which sum he will rely for conviction: Gravatt v. 
State, 25 O. S. 162; Campbell v. State, 35 O. S. 70. 

The treasurer of a school district, who, under favor of this section, 
deposits its funds in a bank which allows interest on the average balance of 
the deposit, is required to account to the school district for such interest. 
Eshelby v. Board of Education, 66 O. S. 71. 



Fine is a 
judgment 
against whole 
estate. 



Section 12874. The fine, provided for in the next 
preceding section, shall operate as a judgment at law on 
all of the estate of the person sentenced and be enforced 
to collection by execution or other process for the use only 
of the owner of the property or effects so embezzled, and 
such fine shall only be released or entered as satisfied by 
the person in interest as aforesaid. (91 v. 338.) 



Certain depos- 
its lawful. 



Section 12875. The provisions of section twelve thou- 
sand, eight- hundred and seventy-three shall not make it un- 
lawful for the treasurer of a township, municipal corpora- 
tion, board of education, or cemetery association, to deposit 
public money with a person, firm, company, or corporation 
organized to do a banking business under the laws of this 
state or the United States, but the deposit of such funds 
in such bank shall not release such treasurer from liability 



BOARDS OF EDUCATION. 

for loss which may occur thereby. Nor shall the provisions 
of section twelve thousand, eight hundred and seventy- 
three, make it unlawful for a county auditor, county treas- 
urer, probate judge, sheriff, clerk of courts, or recorder, to 
deposit fees and trust funds coming into their custody as 
such officers as above, until such time as said aforesaid 
officers are required to make payment of the official earnings 
of their offices, so deposited, into their respective fee funds 
as required by section twenty-nine hundred and eighty- 
three, and until such time as the trust funds, so held by 
them in their official capacities, may be paid to the person, 
persons, firms, or corporations, entitled to same, and any 
interest earned and paid upon said deposits shall be ap- 
portioned to, and becorhe a part of said fees or trust funds, 
and shall in no instance accrue to, and be received by, the 
official making said deposits, for his own use. (io6 v. 556.) 



115 



conversion. 



Section 12876. Whoever, being elected or appointed Embezzlement 
to an office of public trust or profit, or an agent, clerk, pJop"r^^^ 
servant or employe of such officer or board thereof, em- ^'■^"<i"!.?"^ 
bezzles or converts to his own use, or conceals with such 
intent, anything of value that shall come into his possession 
by virtue of such office or employment, is guilty of em- 
bezzlement, and, if the total value of the property em- 
bezzled in the same continuous employment or term of 
office, whether embezzld at one time or at different times 
within three years prior to the inception of the prosecu- 
tion, is thirty-five dollars or more, shall be imprisoned in 
the penitentiary not less than one year nor more than ten 
years, or, if such total value is less than thirty-five dollars, 
shall be fined not more than two hunlred dollars or im- 
prisoned not more than thirty days, or both. (97 v. 67.) 



Section 12877. Whoever embezzles an evidence of Embezzlement 
debt, negotiable by delivery only and actually executed but fnst?ument^be- 
not delivered or issued as a valid instrument, if the total fore delivery, 
value of the property embezzled in the same continuous 
employment or term of office, whether embezzled at one 
time or at different times within three years prior to the 
inception of the prosecution, is thirty-five dollars or more, 
shall be imprisoned in the penitentiary not less than one 
year nor more than ten years, or, if such total value is less 
than thirty-five dollars, shall be fined not more than two 
hundred dollars or imprisoned not more than thirty days, 
or both. (37 V. 74.) 



Section 12878. Whoever, being a member of the Embezzlement 
council of a municipal corporation, or an officer, agent, and"lchoor' 
clerk or servant of such corporation, or board or depart- oncers, 
ment thereof, or an officer, clerk or servant of a board of 
education, knowingly diverts, appropriates or applies funds, 
or a part of a fund raised by taxation or otherwise, to any 
use or purpose other than that for which it was raised or 



ii6 



BOARDS OF EDUCATION. 



appropriated, or knowingly diverts, appropriates or applies 
money borrowed, or a bond of the corporation or part of 
the proceeds of such bond, to any use or purpose other than 
that for which such loan was made, or bond issued, shall 
be imprisoned in the penitentiary not less than one year 
nor more than twenty-one years and fined in double the 
amount of money or other property embezzled. (73 v. 
116.) 



Fine is judg- 
ment on 
whole estate. 



Section 12879. The fine provided for in the next 
preceding section, shall be a judgment at law on all of the 
estate of the person sentenced and be enforced to collection 
by execution or other process for the use only of the owner 
of the property or effects so embezzled,. and such fine shall 
only be released or entered as satisfied by the person in 
interest as aforesaid. (73 v. 116.) 



Offering bribe 
for recom- 
mending text- 
books. 



Section 12931. Whoever offers or gives a reward or 
consideration, or makes a present or reduction in price to 
a person employed in a public school, or to an officer hav- 
ing authority or control over it, for favoring, recommending 
or advocating the introduction, adoption or use on such 
school, of a textbook, map, chart, globe or other school 
supply, or to induce him so to do, or, being an employe or 
officer of such sthool accepts, offers or agrees to receive 
or accept a reward, consideration, present, gift or reduction 
in price for so doing, shall be fined not less than twenty-five 
dollars nor more than five hundred dollars or imprisoned 
not more than six months, or both. (8^ v. 207.) 



CHAPTER 7. 
TREASURER AND CLERK. 



bECTION 

4763. 

4764. 

4765. 

4766. 

4767. 

4768. 



4769. 

4770. 

4771. 
4772. 
4773. 

4774. 
4775. 



Treasurer of school funds. 

Bond of treasurer. 

Additional sureties or new bond. 

Filing and approval of bond. 

Counting of funds. 

When treasurer may receive or pay 
money. 

Maximum amount of funds which 
treasurer may hold. 

Annual settlement by treasurer with 
county auditor. 

Compensation for making settlement. 

Penalty for failure to make settlement. 

Treasurer to deliver funds to suc- 
cessor. 

Bond of clerk. 

Annual statistical report of board of 
education. 



Section 

4776. Publication of statement of receipts 

and expenditures. 

4777. Clerk to deliver books, etc., to suc- 

cessor. 

4778. How treasurer and clerk to keep ac- 

counts. 

4779. Clerk's account. 

4780. Treasurer's account. 

12878. Embezzlement by municipal and school 
officers. 

4781. Compensation of treasurer and clerk. 

4782. When treasurer of school moneys may 

be dispensed with. 

4783. When clerk shall perform the duties 

of treasurer. 

4784. Provisions when depository ceases to 

act. 



Section 4763. In each city school district, the treas- Treasurer of 
urer of the city funds shall be the treasurer of the school f^n^l^^^^"' 
funds. In all village and rural school districts which do not 
provide legal depositories as provided in sections 7604 to 
7608 inclusive, the county treasurer shall be the treasurer 
of the school funds of such districts. (104 v. 158.) 

Section 4782, General Code, as amended, 104 O. L., 159 pro- 
vides for creating a depository for the school moneys of the school 
district, in which even the board of education, by resolution adopted 
by a vote of a majority of its members, shall dispense with the 
treasurer of the school moneys belonging to such school district. 
Said section carries the provision that upon the establishment of 
such depository, and the dispensation of the treasury on the part 
of the board of education, thereupon the clerk of the board of 
education of such district shall perform all the services, discharge 
all the duties and be subject to all obligation required by law of 
the treasurer of such school district. 

Upon consideration of Section 4763 to 4784, General Code, 
the clerk of the board of education can receive extra compensation 
for performing the duties of treasurer of such board, and the 
board of education has the legal right to fix the compensation of 
such clerk, when he is required to perform the added duties of 
treasurer of the board of education, because of the dispensation 
of said treasurer under Section 4782. General Code. — Attorney 
General, Opinion No. 1141, Sept. 12, 1914. 

It is not necessary for school depository banks to give new 
bonds in order to bind sureties in districts where school treasurers 
have been dispensed with under section 4782, 104 O.^ L., 158, in case 
the bonds held by the respective boards of education bear a date 
prior to the date of the resolution dispensing with the school treas- 
urer, and the terms of such bonds have not as yet expired. 

It is necessary for the clerk of the school board to give a 
new bond when such clerk assumes the duty of the treasurer of 
the school funds. 

It is not necessary for a county treasurer to give a bond as 
school treasurer, when he becomes the treasurer of the school funds 
of village or rural districts. — Attorney General, Opinion No. 1382, 
1915. 

117 



Il8 TREASURER AND CLERK. 

From the principles established by the decision in the case 
of State ex rel. Stolzenbacher vs. Felty, Auditor, No. 9372, decided 
by the supreme court in 1905, but not reported. 

1. The treasurer of a city, village or township may by fail- 
mg to qualify as treasurer of the school funds refuse to serve as 
such treasurer. 

2. If the township clerk fails to qualify as clerk of the 
township board of education,,, such failure does not affect his 
status as township clerk. 

3. If a township treasurer resigns as treasurer of the school 
funds the board of education has the right if it chooses, to accept 
his resignation, and in such cases may elect a successor to him 
as treasurer of the school fund. 

4. If by reason of the establishment of a depository, the 
treasurer of the school district is dispensed with according to 
law, and the clerk gives the additional bond required of him as 
treasurer by virtue of section 4783, General Code, he will then be 
obliged to perform the duties of the treasurer without extra com- 
pensation unless he resigns. He may, however, refuse to qualify 
as such treasurer and the board may elect a substitute. 

5. The refusal of a township clerk to qualify for the duties 
which devolve upon him by the establishment of a depository 
under section 4783, General Code, will not in any way affect his 
status as township clerk, and under such circumstances the board 
may select a substitute to act as treasurer. — Attorney General 
1911-12, p. 289. ^ 

As the members of the school board must approve the bond of 
the treasurer and vote upon the question of increasing or changing 
the same or of requiring additional sureties thereon, the office of 
member of the board and treasurer of the board are incompatible 
and may not be held by one individual. 

A treasurer of a corporation may refuse to act as treas- 
urere of the school board without thereby affecting his position 
as treasurer of the corporation. — ^^/orM^3; General, 1912, p. 1160. 

Village and township treasurers continued to act as treas- 
urers of ^ the school funds of their respective village and township 
school districts until they were superseded by the county treasurer 
by virtue of Section 4763, General Code, as amended, 104 O. L., 
159, and such treasurers continued to draw whatever salary thev 
were entitled to until so superseded by the county treasurers a't 
the time said section became effective. 

The clerk of the school district, however, would continue to 
act as the treasurer of such village and township school districts 
if a depository had been previously provided and the treasurer 
dispensed with by the respective boards of education. Under said 
section, 4763, supra, the county treasurers continue to act as the 
treasurers of the respective village and rural school district funds 
until such time as a depository is established for such funds, in 
accordance with Section 4782, General Code, 104 O. L., 159 — 
Attorney General, Opinion 1346, 1914. 

When a depository has been provided by a city board of edu- 
cation for its school funds, as authorized by law, the board of 
education of the district must dispense with the treasurer, and 
the clerk of the board of the city school district performs all the 
services and duties of such treasurer. — Attorney General, Opinion 
45, 1915. 

^ -^^ *^ release and discharge of treasurer and sureties in certain cases, 
see G. C. Sec. 2303, et seq. 

,• ,.•!• Township trustees have no authority to discharge a treasurer from 
liability for any portion of the township school funds: State v. ex rel. v. 
Williams, 13 O. 495. 

The same person cannot hold the office of the president of the board 
of education and treasurer thereof: State, ex rel., v. Heddleston. 8 Dec. Reo 
77, 5 Bull. 502. 

The treasurer of a school district who, .under favor of the proviso of 
G. C. Sec. 12875 deposits its funds in a bank which allows interest on the 
average balance of the deposit is required to account to the school district 
for such interest: Eshellby v. Board of Education, 66 O. S. 71 (for opinion 
below, see Eshelby v. Board of Education, 6 O, N, P. 117, 9 O. D. (N. P.) 
214). 



TREASURER AND CLERK. 1 19 

Since a city treasurer is made by statute the ex officio treasurer of a 
board of education, he cannot, in the absence of specific statutory provision 
therefor, have extra compensation for his services in taking charge of sucli 
school fund: Board of Education v. Eshelby, 6 O. N. P. 117, 9 O. D. (N. P.) 
214; Knorr v. Board of Education, 8 Dec. Rep. 672, 9 Bull. 182. 

Section 4764. Before entering upon the duties of his Bond of 
office, each school district treasurer shall execute a bond, treasurer, 
with sufficient sureties, in a sum not less than the amount of 
school funds that may come into his hands, payable to the 
state, approved by the board of education, and conditioned 
for the faithful disbursement according to law of all funds 
which come into his hands, provided that when school 
moneys have been deposited under the provisions of sec- 
tions 7604-7608 inclusive, the bond shall be in such amount 
as the board of education may require. (loi v. 264.) 

As there is no statutory authorization for the payment by 
the board of education of the premium -on the clerk's or treasurer's 
bond, that expense may not be borne by it. 

As there is no duty imposed upon the superintendent of 
schools or the teachers to attend a national educational associa- 
tion, nor upon the members of the board of education or its 
clerk to attend a meeting of the state association of school boards, 
and as there is no statutory authorization for the payment of such 
expenses, the board may not pay the same out of the school funds. 
— Attorney General, 1911-12, p. 430. 

Section 7G04 of the General Code makes it mandatory upon 
the board. of education of a school district to establish a depository 
and when it fails so to do, legal proceedings may invoke to compel 
the same. 

When such depository has not been established, however, 
money may be paid to the treasurer of such school district in 
accordance with the procedure set out in Sections 4764, 4768 and 
4769 of the General Code. — Attorney General, 1912, p. 329. 

A village treasurer is by law, treasurer of the board of edu- 
cation, and cannot at the same time bp a member of the board of 
education. — Attorney General, Opinion No. 862, April 24, 1914. 

The treasurer of a school district who deposits money in a 
bank other than in conformity to the provisions of the depository 
law, together with the sureties upon his bond, is responsible for 
losses sustained by failure of the bank. Mere knowledge by the 
board of education of such deposit does not relieve the treasurer 
and his sureties of liability. — Attorney General, Opinion No. 52, 
1915. 

From the principles established by the decision in the case 
of State ex rel Stolzenbacher vs. Felty, Auditor, No. 9372, decided' 
by the supreme court in 1905, but not reported. 

1. The treasurer of a city, village or township may by fail- 
ing to qualify as treasurer of the school funds refuse to serve as 
such treasurer. 

2. If the township clerk fails to qualify as clerk of the 
township board of education, such failure does not affect his 
status as township clerk. 

3. If a township treasurer resigns as treasurer of the school 
funds the board of education has the right if it chooses, to accept 
his resignation, and in such cases may elect a successor to him 
as treasurer of the school fund. 

4. If by reason of the establishment of a depository, the 
treasurer of the school district is dispensed with according to 
law, and the clerk gives the additional bond required of him as 
treasurer by virtue of section 4783, General Code, he will then be 
obliged to perform the duties of the treasurer without extra com- 
pensation unless he resigns. He may, however, refuse to qualify 
as such treasurer and the board may elect a substitute. 



120 TREASURER AND CLERK. 

5. The refusal of a township clerk to qualify for the duties 
which devolve upon him by the establishment of a depository 
under section 4783, General Code, will not in any way affect his 
status as township clerk, and under such circumstances the board 
may select a substitute to act as treasurer. — Attorney General, 
1911-12, p. 289. 

As to release of surety of treasurer of school funds, see G. C. sec. 
12200, et seq. 

The word "funds" as used in the bond of a school district treasurer 
includes not merely cash, but also drafts and certificates of deposit whicli 
were received and have been paid upon presentation: Reed v. Board of 
Education, 39 O, S, 635. 

If a city treasurer who is ex officio the treasurer of the school funds, 
by virtue of G. C. Sec. 4763, deposits such funds in a bank in an illegal 
manner he has violated the conditions of his bond: Board of Education v. 
Eshelby, 6 O. N. P. 117, 9 O. D. (N. P.) 214. 

In an action against the surety upon the bond of a township treasurer 
given under this section, it is necessary to aver a default as to school funds; 
and an averment in the petition together with evidence showing a default in 
the "township funds" in general terms is insufficient: State v. Corey, 16 
O. S. 17. 



Sureties of SECTION I220O. A surcty of the treasurer of school 

treasurer of funds, in any lawfully organized school district, may notify 

^ay°app""to the board of education of the district by at least five days' 

be discharged, notice, in writing, that he is unwilling to continue as surety 

for such treasurer, and at a time therein named, will make 

application to the board to be released from further liability 

upon his bond. He also shall give at least three days' notice 

in writing to such treasurer, of the time and place at which 

the application will be made. (70 v. 195.) 

Proceedings SECTION I220I. Upon such uotice being given, the 

by board of board of cducation shall hear the application, and if in their 

education in ... . , i r • i 

such case. opmion there is good reason therefor, require the treasurer 
to give a new bond, conditioned according to law, and to 
the satisfaction of the board, within such time as they di- 
rect. If the treasurer fails to execute such bond the office 
shall be vacant and shall immediately be filled as are other 
vacancies therein. (R. S.) (70 v. 195.) 

Additional Section 4765. Thereafter such treasurer may be re- 

sureties or quired to give additional sureties on his accepted bond, or 
to execute a new bond with sufficient sureties to the ap- 
proval of the board of education when such board deems it 
necessary. If he fails for ten days after service of notice 
in writing of such requisition, to give such bond or ad- 
ditional sureties, as so required, the office shall be declared 
vacant and filled as in other cases. (97 v. 367.) 

From the -principles established by the decision in the case 
of State ex rel Stolzenbacher vs. Felty, Auditor, No. 9372, decided 
by the supreme court in 1905, but not reported. 

1. The treasurer of a city, village or township may by fail- 
ing to qualify as treasurer of the school funds refuse to serve as 
such treasurer. 

2. If the township clerk fails to qualify as clerk of the 
township board of education, such failure does not affect his 
status as township clerk. 

3. If a township treasurer resigns as treasurer of the school 
funds the board of education has the right if it chooses, to accept 



TREASURER AND CLERK. 121 

his resignation, and in such cases may elect a successor to him 
as treasurer of the school fund. 

4. If by reason of the establishment of a depository, the 
treasurer of the school district is dispensed with according to 
law, and the clerk gives the additional bond required of him as 
treasurer by virtue of section 4783, General Code, he will then be 
obliged to perform the duties of the treasurer without extra com- 
pensation unless he resigns. He may, however, refuse to qualify 
as such treasurer and the board may elect a substitute. 

5. The refusal of a township clerk to qualify for the duties 
which devolve upon him by the establishment of a depository 
under section 4783, General Code, will not in any way affect his 
status as township clerk, and under such circumstances the board 
may select a substitute to act as treasurer. — Attorney General, 
1911-12, p. 289. 

As members of the school board must approve the bond of 
the treasurer and vote upon the question of increasing or changing 
the same or of requiring additional sureties thereon, the office of 
member of the board and treasurer of the board are incompatible 
and may not be held by one individual. 

A treasurer of a corporation may refuse to act as treas- 
urere of the school board without thereby affecting his position 
as treasurer of the corporation. — Attorney General, 1912, p. 1160. 

Section 4766. Each such bond, when so executed Fi^ng and 
and approved, shall be filed with the clerk of the board of t^^y^^^ °^ 
education of the district, and recorded. He shall cause a 
certified copy thereof or the names of additional sureties, 
to be filed with the county auditor without delay. (97 v. 

367.) 

Section 4767. Such board at the time of the ap- counting of 
proval of any bond or sureties, shall require the treasurer funds, 
of the school funds to produce all money, bonds or other 
securities in his hands as such treasurer, and they then 
must be counted by the board or a committee thereof, in the 
presence of its clerk, who thereupon shall enter upon the 
records of the board, a certificate, setting forth the exact 
amount of money or securities so found in the hands of 
such treasurer. Such record shall be signed by the presi- 
dent and clerk of the board and be prima facie evidence 
that the amount therein stated was actually in the treasury 
at that date. (97 v. 367.) 

Section 4768. No treasurer of a school district shall vv^en treas- 
pay out any school money except on an order signed by ^^^9^ "^^y re- 

-^ x^ <j -^ C61VC or D3V 

the president or vice-president, and countersigned by the money, 
clerk of the board of education, and when such school 
moneys have been deposited as provided by sections 7604- 
7608 inclusive, no money shall be withdrawn from any 
such depository, except upon an order signed by the treas- 
urer and by the president or vice-president and counter- 
signed by the clerk of the board of education ; and no 
money shall be paid to the treasurer of the district other 
than that received from the county treasurer, except upon 
the order of the clerk of the board, who shall report the 
amount of such miscellaneous receipts to the county auditor 
each year immediately preceding such treasurer's settlement 
with the auditor. (loi v. 264.) 



122 TREASURER AND CLERK. 

_ A board of education has capacity to sue its treasurer for money 
received and not accounted for. The remedy is not limited to an action on 
the bond, but may be for money had and received: 51 O. S. 115. 

The treasurer should not pay an order for what he believes to be an 
illegal object, until he can consult with other members of the board, and have 
the question fully investigated. A man of discretion is supposed to be chosen 
to this, as to. other offices, that the chances for discovering errors and fraud 
may be multiplied. 

Section 7604 of the General Code makes it mandatory upon 
the board of education of a school district to establish a depository 
and when it fails so to do, legal proceedings may invoke to com- 
pel the same. 

When such depository has not been established, however, 
money may be paid to the treasurer of such school district in 
accordance with the procedure set out in Sections 4764, 4768 and 
4769 of the General Code. — Attorney General, 1912, p. 329. 

The treasurer of a school district who deposits money in a 
bank other than in conformity to the provisions of the depository 
law, together with the sureties upon his bond, is responsible for 
losses sustained by failure of the bank. Mere knowledge by the 
board of education of such deposit does not relieve the treas- 
urer and his sureties of liability. — Attorney General, Opinion 52, 
February 2, 1915. ' 

Under this section orders which are drawn upon the sinking funds of a 
school district must be drawn by the president and the clerk of the board of 
education, in favor of the person entitled thereto upon requisition made upon 
them by the said board therefor: State, ex rel., v. Board of Education 3 O. 
N. P. (N. S.) 401, 16 O. C. (N. P.) 3S6. 

This section does not authorize the clerk to receive any miscellaneous 
funds; but on the contrary upon his order they must be paid directly to the 
county treasurer: State v. Cottle, 4 O. N. P. (N. S.) 145, 17 O. D. (N. P.) 108. 

Since this section requires the action of the president and treasurer, 
each as a check upon the other, the same person cannot hold both offices: 
State, ex rel., v. Heddleston, 8 Dec. Rep. 77, 5 Bull. 502. 

Maximum SECTION 4769. The clerk of a board of education or 

fSTdf* which the county auditor shall pay no money into the hands of 
tres^surer may the treasurer of a school district in excess of the amount 
of his bond. Should any such clerk or auditor violate this 
provision, he and his bondsmen shall be liable for any loss 
occasioned thereby. But where depositories for school 
funds have been created under the provisions of sections 
7604-7608 inclusive, all school moneys shall be paid di- 
rectly into such depository or depositories by the auditor 
upon the written order of the board of education signed 
by the president or vice-president and countersigned by the 
clerk. In case the school funds have been deposited under 
the provisions of sections 7604-7608 inclusive, the limitation 
of payment herein contained shall not apply. Before giving 
such treasurer a warrant or order for school funds, the 
auditor may require the treasurer to file with him a state- 
rnent showing the amount of such funds in his possession, 
signed by the clerk of the board of education. (loi v. 
264.) 

Section 7604 of the General Code makes it mandatory upon 
the board of education of a school district to establish a depository 
and when it fails so to do, legal proceedings may invoke to com- 
pel the same. 

When such depository has not been established, however, 
money may be paid to the treasurer of such school district in 
accordance with the procedure set out in Sections 4764, 4768 and 
4769 of the General Code. — Attorney General, 1912, p. 329. 



TREASURER AND CLERX. 1 23 

Section 4770. Within the first ten days of Septem- Annual settie- 
ber, each year, the treasurer shall settle with the county '"^"^ ^y 
auditor for the preceding school year, and for that purpose c'cfunt'y^'^ 
he shall make a certified statement showing the amount of *"^*^°''- 
money received, from whom, and on what account, the 
amount paid out, and for what purpose. He shall produce 
vouchers for all payments made. If the auditor, on exami- 
nation, finds the statement and vouchers to be correct, he 
shall give the treasurer a certificate of the fact, which shall 
prima facie be a discharge of the treasurer for the money 
paid. When the treasurer's term begins on the first day 
of September, the annual settlement shall be made by the 
outgoing treasurer. (92 v. 58.) 

If it is evident to the county auditor that the school moneys have been 
illegally paid out, as they would if paid to any member of a board of educa- 
tion on any contract with such bpard, or as an employe thereof, it is his 
duty to refuse the treasurer credit for the same. If moneys have been paid 
from the wrong fund, as from the school fund, when the law says it must 
be township fund, the auditor must not allow credit to such orders. He 
should insist on their correction by the board, or correct them himself by 
proper debit and credit. No voucher should be received by the auditor which 
he has reason to believe a court of law would reject. No paper is a voucher 
for the payment of money to A, which has not A's receipt on it, or accom- 
panying it. An order properly made out, but merely marked "paid" by the 
treasurer, is not a receipt. 

The county auditor and the township treasurer have no discretion with 
reference to the common school fund; but the statutory provisiqns governing 
the same must be followed strictly: State, ex rel., v. Zeeb, 9 O. C. C. 13, 
6 O. C. D. 70. 

Section 4771. For making such settlement, the Compensation 
treasurer shall be entitled to receive the sum of one dollar, set^ie'Sfe^m.^ 
and also five cents per mile for traveling to and from the 
county seat, to be paid from the county treasury, on the 
order of the county auditor. (92 v. 58.) 

Section 4772. If the treasurer of any school district Penalty for 
wilfully or negligently fails to make such annual settlement make^^set^- 
within the time so prescribed, he shall forfeit and pay tiement. 
fifty dollars, to be recovered in a civil action in the name 
of the state, which amount, when collected, shall be paid 
into the county treasury and applied to the use of the com- 
mon schools in his district. In case of such failure, the 
county auditor shall proceed forthwith to recover the for- 
feiture by suit against the treasurer before a justice of the 
peace of the county. (71 v. 9.) 

A board of education may sue its treasurer for money received by him 
and not accounted for: Board of Education, v. Milligan, 51 O. S. 115. 

Section 4773. At the expiration of his term of ser- Treasurer to 
vice, each treasurer shall deliver to his successor in of^ce, fo^'guccessor^^ 
all books, papers, money, and other property in his hands 
belonging to the district, and take duplicate receipts of his 
successor therefor. One of these he shall deposit with the 
clerk of the board of education within three days there- 
after. (85 v. 192.) 

Penalty for failure or refusal to pay over public money; see Section 
13674. 

The treasurer acquires custody of the money of the district without 
acquiring title thereto; and if he has deposited such money in a bank which 
allows interest thereon, he must pay over such interest to the board of educa- 



124 



TREASURER AND CLERK. 



Bond of 
clerk. 



Annual statis- 
tical report 
of board of 
education. 



Publication 
of statement 
of receipts 
and expendi- 
tures by 
clerk. 



tion as well as the principal of such. fund: Eshelby v. Board of Education. 
66 O. S. 71. I ; I 

A verbal agreement between the board of education and the treasurer, 
whereby the money of the township was loaned to the treasurer is a violation 
of this section: Board of Education v. Thompson, 33 O. S. 321, 

Section 4774. Before entering upon the duties of his 
office, the clerk of each board of education shall execute a 
bond, in an amount and with surety to be approved by the 
board, payable to the state, conditioned for the faithful 
performance of all the official duties required of him. 
Such bond must be deposited with the president of the 
board, and a copy thereof, certified by him, shall be filed 
with the county auditor. (70 v. 195.) 

Township clerk is authorized to administer oaths connected with school 
affairs; see Sec. 3303. 

Board cannot authorize clerk to become custodian of tuition funds- 
74 O. S. 80. 

Duties and powers of clerk: 170 D, N. P. 108, 29 O. C. C. 32 CN S 
120). ^ 

As there is no statutory authorization for the payment by 
the board of education of the premium on the clerk's or treas- 
urer's bond that expense may not be borne by it. 

As there is no duty imposed upon the superintendent of 
schools or the teachers to attend a national education association, 
nor upon the members of the board of education or its clerk to 
attend a meeting of the state association of school boards, and as 
there is no statutory authorization for the payment of such 
expenses, the board may not pay the same out of the school funds. 
— Attorney General, 1911-12, p. 430. 

A member of the Ohio General Assembly cannot serve as 
a clerk oi the village board of education of which he is a member 
and receive a salary as such clerk. — Attorney General, Opinion 
No. 177, March 27, 1915. 

The clerk of a board of education must furnish a bond in order to 
qualify: State, ex rel., v. Coon, 4 O. C. C. (N. S.) 560. 

A bond which is conditioned that the clerk "shall faithfully perform all 
of the official duties required of him as clerk of such board," is not broken 
so as to make the sureties liable because of his failure to pay over tuition 
funds belonging to such board, the receipt and custody of such funds not 
being as official duty imposed by statute, even if a rule of the board of educa- 
tion requiring him to receive and keep them: State, ex rel., v. Griffith, 74 
O. S. 80. 

A condition in a bond that he shall "faithfully disburse according to law 
all such funds as shall from time ot time come into his hands," includes not 
merely cash received by him, but also drafts and certificates of deposit which 
he received as cash, and which when received would have been paid upon 
presentation: Reed v. Board of Education, 39 O. S. 635, 

Section 4775. The clerk of each board of education 
shall prepare the annual report of the receipts and expendi- 
tures of school money and the statistical statement in refer- 
ence to the schools, required by law to be made by the 
board, and transmit it to the county auditor on or before 
the ^ first day of September. But in each school district 
having a superintendent of schools, such report, except the 
receipts and expenditures of money, shall be made by the 
superintendent. (97 v. 368.) 

Penalty for not making report; see. Sec. 7790. 

The board of education should see that the reports required by this 
section are filed before allowing compensation to the clerk for his services. 

Section 4776. Except city districts, the board of 
education of each district shall require the clerk of the 
board annually, ten days prior to the election, to prepare 
and post at the place or places of holding such elections. 



TREASURER AND CLERK. 12; 

or publish in some newspaper of general circulation in the 
district, an itemized statement of all money received and 
disbursed by the treasurer of the board, within the school 
year next preceding. (97 v. 368.) 

The word "pubHsh" as employed in section 7785, General 
Code, leaves it discretionary with the board of education to publish 
said annual report in any manner it sees fit, and a publication 
in a newspaper of such annual report is fully authorized by said 
section. — Attorney General, 1911-12, p. 301. 

A city school district is not authorized to pay for publica- 
tion in a newspaper of a statement of receipts and expenditures 
for the year. 

When such action is performed, 

1. The newspaper cannot be held, as the payment was volun- 
tary. 

2. The members of the board of education who voted for 
the move are guilty of a misfeasance and are subject under the 
terms of section 286, General Code, to civil action by the proper 
legal officer for a recovery. 

3. The president, clerk and treasurer, acting in good faith, 
in their respective capacities performed merely ministerial acts 
and are therefore not liable. — Attorney General, 1911-12, p. 272. 

Section 4777. At the expiration of his term of office, citric to de- 
each clerk shall deliver to his successor all books and papers i»ver books, 

etc 'to sue* 

in his hands relating to the affairs of his district, including cessor. 
certificates, and copies thereof, and reports of school statis- 
tics, filed by teachers. (70 v. 195.) 

Section 4778. The auditor of each county shall fur- How treas- 
nish to the clerk and treasurer of each school district in his "''^^ |"^ ^^^^^^ 
county a suitable blank book, made according to the form accounts. 
prescribed by the bureau of inspection and supervision of 
public offices, in which each must keep an account of the 
school funds of his district. (97 v. 368.) 

Section 4779. The clerk's account shall show the cierk's ac- 
amounts certified by the county auditor to be due the dis- count, 
trict, all sums paid to the treasurer from other sources on 
his order, and all orders drawn by him on the treasurer, 
upon what funds and for what purposes drawn. (97 v. 

368.) 

This section shows that the clerk is simply an auditing officer to keep a 
check upon the treasurer; and is not authorized to receive or disburse mis- 
cellaneous funds: State v. Cottle, 4 O. N. P. (N. S.) 145, 17 O. D. (N. P.) 108. 

Provisions of this section require that all orders issued for money shall 
show not only out of what fund such payment is to be made, but also the 
purpose thereof: State, ex rel., v. Board of Education, 3 O. N. P. (N. S.) 
401, 16 O. D. (N. P.) 386. 

Section 284. The bureau of inspection and super- Biennial and 
vision of public offices, shall examine each public office, annual exam- 

^ , . . r 1 • -11 1 1 1 f . • ^ inations. 

Such examination of township, village and school district 
offices shall be made at least once in every two years and 
all other examination shall be made at least once a year, ex- 
cept that the offices of justices of the peace shall be ex- 
amined at such times as the bureau shall determine. On 
examination, inquiry shall be made into the methods, ac- 
curacy and legality of the accounts, records, files and re- 



126 



TREASURER AND CLERK. 



Treasurer's 
account. 



Certain 

deposits 
unlawful. 



ports of the office, whether the laws, ordinances and orders 
pertaining to the office have been observed, and whether 
the requirements of the bureau have been complied with. 
(103 V. 506.) 

When there is a deficiency in the collection of assessments 
in anticipation of which bonds have been issued, it is not law- 
ful to issue notes or bonds in anticipation of the subsequent assess- 
ment. Such assessments when subsequently collected should be 
paid out of the sinking fund to supply deficiency created by the 
payment of the bonds. If the sinking fund has not money enough 
in it to -pay the bonds when due refunding bonds should be issued. 
— Attorney General, Opinion No. 1143, 1914. 

There is no statutory authority for the auditor of state to 
charge back against state institutions the cost of examinations 
made by examiners from the auditor of state's office, as is done 
in the examination of taxing districts. Section 288, General Code, 
refers to taxing districts, and no state institution can be con- 
sidered a taxing district. — Attorney General, 1913, p. 159. 

Section 4780. The treasurer's accounts shall show 
the amounts received from the county treasurer, all sums 
received from other sources on the order of the clerk, the 
amounts paid out, and from what funds and for what pur- 
poses paid. A separate account of each fund must be kept, 
and each account balanced at the close of the school year, 
and the balance in the treasurer's hands belonging to each 
fund shown. (97 v. 368.) 

This and the preceding sections show that the county auditor, township 
clerk and the township treasurer have no discretion with reference to the 
common school funds, but that the statutes with reference thereto must be 
complied with strictly: State, ex rel., v. Zeeb, 9 O. C. C. 13, 6 O. C. D. 70. 

Section 12875. The provisions of section twelve 
thousand, eight hundred and seventy-three shall not make 
it unlawful for the treasurer of a township, municipal cor- 
poration, board of education, or cemetery association, to 
deposit public money with a person, firm, company, or 
corporation organized to do a banking business under the 
laws of this state or the United States, but the deposit of 
such funds in such bank shall not release such treasurer 
from liability for loss which may occur thereby. Nor 
shall the provisions of section twelve thousand eight hun- 
dred and seventy-three, make it unlawful for a county 
auditor, county treasurer, probate judge, sheriff, clerk of 
courts, or recorder, to deposit fees and trust funds coming 
into their custody as such officers as above, until such time 
as said aforesaid officers are required to make payment 
of the official earnings of their offices, so deposited into their 
respective fee funds as required by section twenty-nine 
hundred and eighty-three, and until such time as the trust 
funds, so held by them in their official capacities, may be 
paid to the person, persons, firms, or corporations, entitled 
to same, and any interest earned and paid upon said deposits 
shall be apportioned to, and become a part of said fees or 
trust funds, and shall in no instance accrue to, and be re- 
ceived by, the official making said deposits, for his own 
use. (106 V. 556.) 



TREASURER AND CLERK. I27 

Section 12878. Whoever, being a member of the Embezzlement 
council of a municipal corporation, or an officer, agent, and 'behoof ^^ 
clerk or servant of such corporation, or board or depart- officers, 
ment thereof, or an officer, clerk or servant of a board of 
education, knowingly diverts, appropriates or applies funds, 
or a part of a fund raised by taxation or otherwise, to any 
use or purpose other than that for which it was raised or 
appropriated, or knowingly diverts appropriates or applies 
money borrowed, or a bond of the corporation or part of 
the proceeds of such bond, to any use or purpose other than 
that for which such loan was made, or bond issued, shall 
be imprisoned in the penitentiary not less than one year 
nor more than twenty-one years and fined in double the 
amount of money or other property embezzled. (73 v. 116). 

The object of this section is to punish as an oflfense the diversion, 
appropriation or application of the funds of a municipal corporation, or of a 
board of education by an officer or agent there named, to a use other than 
that for which the funds were raised; a conversion of the money to his own 
use by the officer or agent named in an offense under G. C, Sec. 12873, pun- 
ishing the embezzlement of public money, and is not within the language or 
spirit of the above section: State v. Johnson, 53 O. S. 307. 

Section 4781. The board of education of each school compensation 
district shall fix the compensation of its clerk and treasurer, an^^dS^^^ 
which shall be paid from the contingent fund of the dis- 
trict. If they are paid annually, the order for the payment 
of their salaries shall not be drawn until they present to the 
board of education a certificate from the county auditor 
stating that all reports required by liw have been filed in 
his office. If the clerk and treasurer are paid semi-annual- 
ly, quarterly, or monthly, the last payment on their salaries 
previous to August thirty-first, must not be made until all 
reports required by law have been filed with the county 
auditor and his certificate presented to the board of educa- 
tion as required herein. (97 v 368). 

Contrary to the general rule of policy that a member of a 
board may not hold a salaried position under such board, special 
provision of statute makes it possible for a member of a board 
of education to serve as its clerk and receive the salary for both 
positions. — Attorney General, 1911-12, p. 1089. 

Though the office of township treasurer is of definite dura- 
tion, the office of the same individual as treasurer of the school 
board is of indefinite duration and may be terminated at any time 
by the school board through the establishment of a depository. — 
Attorney General, 1911-12, p. 519. 

A township clerk or a township treasurer may decline to act 
as clerk and treasurer respectively of the township board of edu- 
cation, and if either does so decline to act. then the board may 
fill the vacancy by election, and fix the salary of said incumbent. 

A township clerk cannot appoint a deputy to do the work 
of the clerk. — Attorney General, 1912, p. 1108. 

Section 4782, General Code, as amended, 104 O. L., 159, pro- 
vides for creating a depository for the school moneys of the school 
district, in which event the board of education, by resolution 
adopted by a vote of a majority of its members, shall dispense 
with the treasurer of the school moneys belonging to such school 
district. Said section carries the provision that upon the estab- 
lishment of such depository, and the dispensation of the treasury 
on the part of the board of education, thereupon the clerk of 
the board of education of such district shall perform all the serv- 



128 TREASURER AND CLERK. 

ices, discharge all the duties and be subject to all obligation 
required by law of the treasurer of such school district. 

Upon consideration of Section 4763 to 4784, General Code, 
the clerk of the board of education can receive extra compensation 
for performing the duties of treasurer of such board, and the 
board of education has the legal right to fix the compensation of 
such clerk, when he is required to perform the added duties of 
treasurer of the board of education, because of the dispensation 
of said treasurer under Section 4782, General Code. — Attorney 
General, Opinion No. 1141, September 12, 1914. 

A member of the Ohio General Assembly cannot serve as a 
clerk of the village board of education of which he is a member 
and receive a salary as such clerk. — Attorney General, Opinion 
No. 177, March 27, 1915. 

An earlier form of this statute was cited in Board of Education v. 
Eshelby, 6 O. N. P. 117, 9 O. D. (N. P.) 214. 

When treas- SECTION 4782. When a depository has been provided 

urer of school for the school moncys of a district, as authorized by law, 
dispensed the board of education of the district, by resolution 

^'*^* adopted by a vote of a majority of its members, shall dis- 

pense with a treasurer of the school moneys, belonging to 
such school district. In such case, the clerk of the board 
of education of a district shall perform all the services, 
discharge all the duties and be subject to all the obligations 
required by law of the treasurer of such school district. 
(104 v 158). 

From the principles established by the decision in the case 
of State ex rel. Stolzenbacher vs. Felty, Auditor, No. 9372, decided 
by the supreme court in 1905, but not reported. 

1. The treasurer of a city, village or township may by fail- 
ing to qualify as treasurer of the school funds refuse to serve as 
such treasurer. 

2. If the township clerk fails to qualify as clerk of the 
township board of education, such failure does not affect his 
status as township clerk. 

3. If a township treasurer resigns as treasurer of the school 
funds the board of education has the right if it chooses, to accept 
his resignation, ana in such cases may elect a successor to him 
as treasurer of the school fund. 

4. If by reason of the establishment of a depository, the 
treasurer of the school district is dispensed with according to 
law, and the clerk gives the additional bond required of him as 
treasurer by virtue of section 4783, General Code, he will then be 
obliged to perform the duties of the treasurer without extra com- 
pensation unless he resigns. He may, however, refuse to qualify 
as such treasurer and the board may elect a substitute. 

5. The refusal of a township clerk to qualify for the duties 
which devolve upon him by the establishment of a depository 
under section 4783, General Code, will not in any way affect his 
status as township clerk, and under such circumstances the board 
may select a substitute to act as treasurer. — Attorney General, 
1911-12, p. 289. 

Though the office of township treasurer is of definite dura- 
tion, the office of the same individual as treasurer of the school 
board is of indefinite duration and may be terminated at any time 
by the school board through the establishment of a depository. — 
Attorney General, 1911-12, p. 519. 

By specific provision of Section 4747, General Code, a member 
of a board of education may at the same time, act as its clerk and 
receive compensation for both services. 

The position of members of the board of education and 
treasurer of the board are incompatible, however. 



TREASURER AND CLERK. I 29 

Under Section 4782. General Code, when a depository is 
established, the clerk performs the duties of the treasurer and a 
member of the school board may, in this case, perform such duties. 
— Attorney General, 1912, p. 1776. 

As the members of the school board must approve the bond 
of the treasurer and vote upon the question of increasing or 
changing the same or of requiring additional sureties thereon, the 
office of member of the board and treasurer of the board are in- 
compatible and may not be held by one individual. 

A treasurer of a corporation may refuse to act as treas- 
urer of the school board without thereby affecting his position 
as treasurer of the corporation, — Attorney General, 1912, p. 1160. 

Section 4782, General Code, as amended, 104 O. L., 159, pro- 
vides for creating a depository for the school moneys of the 
school district, in which event the board of education, by resolu- 
tion adopted by a vote of a majority of its members, shall dis- 
pense with the treasurer of the school moneys belonging to such 
school district. Said section carries the provision that upon the 
establishment of such depository, and the dispensation of the 
treasury on the part of the board of education, thereupon the 
clerk of the board of education of such district shall perform all 
the services, discharge all the duties and be subject to all obliga- 
tions required by law of the treasurer of such school district. 

Upon consideration of Section 4763 to 4784, General Code, 
the clerk of the board of education can receive extra compensa- 
tion for performing the duties of treasurer of such board, and 
the board of education has the legal right to fix the compensa- 
tion of such clerk, when he is required to perform the added 
duties of treasurer of the board of education, because of the dis- 
pensation of said treasurer under Section 4782, General Code. — 
Attorney General, Opinion No. 1141, September 12, 1914. 

When a depository has been provided by a city board of 
education for its school funds, as authorized by law, the board 
of education of the district must dispense with the treasurer, and 
the clerk of the board of the city school district performs all the 
services and duties of such treasurer. — Attorney General, Opinion 
No. 45, 1915. 

Under the provisions of Section 4782, General Code, it is 
mandatory upon the board of education to dispense with the 
office of treasurer of school moneys when a depository has been 
provided therefor. — Attorney General, Opinion No. 1113, "1914. 

Village and township treasurers continued to act as treasurers 
of the school funds of their respective village and township school 
districts until they were superseded by the county treasurer by 
virtue of Section 4763, General Code, as amended, 104 O. L., 159, 
and such treasurers continued to draw whatever salary they were 
entitled to until so superseded by the county treasurers at the 
time said section became effective. 

The clerk of the school district, however, would continue 
to act as the treasurer of such village and township school dis- 
tricts if a depository had been previously provided and the treas- 
urer dispensed with by the respective boards of education. Under 
said section, 4763. supra, the county treasurers continue to act as 
the treasurers of the respective village and rural school district 
funds until such time as a depository is established for such funds, 
in accordance with Section 4782, General Code. 104 O. L., 159. — 
Attorney General, Opinion No. 1346, 1914. 

It is not necessary for school depository banks to give new 
bonds to bind sureties in districts where school treasurers have 
been dispensed with under Section 4782, 104 O. L.. 158, in cas«e 
the bonds held by the respective boards of education bear a date 
prior to the dat-e of the resolution dispensing with the school 
treasurer, and the terms of such bonds have not as yet expired. 

8 s. iv. 



130 TREASURER AND CLERK. 

It is neccss'iry fo: the clerk of ilie school board to give a 
new bond when such clerk assumes the duty of the treasurer of 
the school funds. 

It is not necessary for a county treasurer to give a bond as 
school treasurer, when he l)ecomes tlie treasurer of the school 
fund of village or rural districts. — Attorney General, Opinion No. 
1382, 1915. 

Construction of Section 4782. General Code, as amended, 104 
O. L., 159, relative to the establishment of depositories for school 
funds of school districts, and the dispensing of the treasurers of 
the school moneys belonging to such school districts, when such 
depositories are established. Said section further provides that 
the clerk of the board of education of such district shall there- 
upon assume the duties of such treasurers. 

If the board of education fails to establish a depository as 
required by said Section 4782, supra, then an action of mandamus 
lies against such board to compel such board to comply with the 
provisions of said section, and any person interested in the schools 
may bring such action in the name of the state, as provided in 
Sections 12296 and 12287, General Code. — Attorney General, Opin- 
ion No. 1261, 1914. 

When clerk SECTION 4783. When the treasurer is so dispensed 

th^^^d^ks^'^Sf ^'^'^th, all the duties and obligations required by law of the 
treasurer. couuty auditor, couuty treasurer or other ofiicer or person 

relating to the school moneys of the district shall be com- 
plied with by dealing with the clerk of the board of educa- 
tion thereof. Before entering upon such duties, the clerk 
shall give an additional bond equal in amount and in the 
same manner prescribed by law for the treasurer ,of the 
school district (99 v 206). 

From the principles established by the decision in the case 
of Statae ex. rel. Stolzenbacher vs. Felty, Auditor, No. 9372, decided 
by the supreme court in 1905, but not recorded. 

1. The treasurer of a city, village or township may by 
failing ta qualify as treasurer of the school funds refuse to serve 
as such treasurer. 

2. If the township clerk fails to qualify as clerk of the 
township board of education, such failure does not affect his 
satus as township clerk. 

3. If a township treasurer resigns as treasurer of the school 
funds the board of education has the right if it chooses to accept 
his resignation and in such cases may elect a successor to him 
as treasurer of the school funds. 

4. If by reason of the establishment of a depository, the 
^ treasurer of the school district is dispensed with according to law, 

and the clerk gives additional bond required of him as treas- 
urer by virtue of section 4783, General Code, he will then be 
obliged to perform the duties of the treasurer without extra com- 
pensation unless he resigns. He may, however, refuse to qualify 
as such treasurer and the board may elect a substitute. 

5. The refusal of a township clerk to qualify for the duties 
which devolve upon him by the establishment of a depository 
under Section 4783, General Code, will not in any way affect his 
status as township clerk, and under such circumstances the board 
may select a substitute to act as treasurer. — Attorney General, 
1911-12, p. 289. 



TREASURER AND CLERK. I3I 

Section 4784. If for any reason a depository in such where moneys 
district ceases to act as custodian of the school moneys, p'^ced v\hen 

1 1 11 1 1 1 • 1 1 r 1 r 1 nepository 

they shall be placed in the custody 01 the treasurer 01 the ceases to act. 
city or county in which the school district is located as 
provided in section 4763. Such moneys shall be held and 
disbursed by the treasurer in all respects as required by law 
until another depository is provided for such moneys. 
Thereupon he shall place such money in the depository and 
his duties and obligations relating thereto shall then cease. 
(104 V 158). 



TITLE XIV. PUBLIC ELECTIONS. 



Section 

4838. Election of the members of the board 

of education. 

4839. Notice of school election. 

4861. Qualifications of electors. 

4862. When women may vote. 
4940. Registration of women. 

4997. Nominations of candidates for bonrd 
of education. 



Section 

4998. Names of nominees for board published. 

5032. Ballots for school board. 

5033. How ballot for school board printed. 

5034. School districts in cities. 

5049. Poll books and tally sheets for school 
election. 

5120. Canvass of vote in school elections. 

5121. How result determined in certain 

cases. 



Election of SECTION 4838. All clcctions for members of boards 

members of ^f education shall be held on the first Tuesday after the 

the board of -> r 1 -at , • , 11 11 

education. tirst Monday in ^sOvember m the odd numbered years. 

(97 V. 40 § 2.) 

The statutes do not require or authorize publication of a 
resolution of a board of education passed for the purpose of sub- 
mitting to electors the question of issuing bonds for construction 
of a school building. 

Under section 7625, General Code, however, notices of the 
election shall be given in the manner provided by law for school 
elections, i. e., under section 4839, General Code, such publication 
may be made by posting written or printed notices in five public 
places in the district at least ten days before the holding of the 
election, or it may be published in a newspaper of general circula- 
tion in the district, once at least ten days before holding of the 
election. — Attorney General, 1913, p. 1515. 

When a newly incorporated village is formed with a tax 
duplicate of more than $100,000, such village becomes ipso facto 
a village school district, but when such village fails to elect a 
board of education when the village officers are elected, a special 
election for members of such board of education is not author- 
ized by law. Such members can only be elected in the odd num- 
bered years. 

When in a township there exists two or more districts un- 
connected and the village school district and the further special 
district is organized, the two subdistricts and the part of the 
township not included in the village district or the special dis- 
trict, will all comprise parts of the township school district and 
will still remain under the jurisdiction of the township board of 
education. T':e village district also will remain under the control 
of the township board. 

Under section 4748, General Code, when three out of five 
members 01 a township board of education become disqualified 
for that office by reason of the formation of a special school dis- 
trict, the two remaining members may fill such vacancies in the 
township board. 

Inasmuch as there are no officers upon whom rests the min- 
isterial duty to organize the village district or to call an election 
for members of its board of education, such election may not be 
enforced by mandamus. The organization may be brought about 
by a sufficient number of electors taking steps to become candi- 
dates for the village board of education at the November election 
and the board of elections would be required to place their names 
upon the ballots and hold an election therefor. — Attorney General, 
1913, p. 460. 

For a former special statute with reference to the election of members 
of a board of education, see Board v. Walker, 71 O. S. 169. 

132 



PUBLIC ELECTIONS. T33 

Section 4839. The clerk of each board of education Notice of 
shall publish a notice of all school elections in a newspaper scIkhjI eiec- 
of general circulation in the district or post written or 
printed notices thereof in five public places in the district 
at least ten days before the holding of such election. Such 
notices shall specify the time and place of the election, the 
number of members of the board of education to be elected, 
and the term for which they are to be elected, or the nature 
of the question to be voted upon. (97 v. 354 § 2.) 

The provision of Section 4726, General Code, as amended, 
104 O. L., 139, taken in connection with the provision of Section 
4839, General Code, authorizes the calling of a special election 
in a rural school district for the purpose of submitting the ques- 
tion of centralization to the vote of the qualified electors of such 
district. — Attorney General, Opinion No. 184, March 30, 1915. 

As the deputy state supervisor of elections is required by 
Section 4998 to publish a list of the names of candidates for all 
school districts it is legal to pay out of the county treasury the 
expenses of making such publication. 

It is not necessary for the clerk of the board of education 
to be furnished the names of candidates for members of the 
hodivd. — Attorney General, 1911-12, p. 369. 

The statutes do not require or authorize publication of a 
resolution of a board of education passed for the purpose of sub- 
mitting to electors the question of issuing bonds for construction 
of a school building. 

Under section 7625, General Code, however, notices of the 
election shall be given in the manner provided by law for school 
elections, i. e., under section 4839, General Code, such publication 
may be made by posting written or printed notices in five public 
places in the district at least ten days before the holding of the 
election, or it may be published in a newspaper of general circula- 
tion in the district, once at least ten days before holding of the 
election. — Attorney General, 1913, p. 1515. 

When a newly incorporated village is formed with a tax 
duplicateof more than $100,000, such village becomes ipso facto 
a village school district, but when such village fails to elect a 
board of education when the village officers are elected, a special 
election for members of such board of education is not author- 
ized by law. Such members can only be elected in the odd num- 
bered years. 

When in a township there exists two or more districts un- 
connected and the village school district and the further special 
district is organized, the two subdistricts and the part of the 
township not included in the village district or the special dis- 
trict, will all comprise parts of the township school district and 
will still remain under the jurisdiction of the township board of 
education. The village district also will remain under the control 
of the township board. 

Under section 4748, General Code, when three out of five 
members of a township board of education become disqualified 
for that office by reason of the formation of a special school dis- 
trict, the two remaining members may fill such vacancies in the 
township board. 

Inasmuch as there are no officers upon whom rests the min- 
isterial duty to organize the village district or to call an election 
for members of its board of education, such election may not be 
enforced by mandamus. The organization may be brought about 
by a sufficient number of electors taking steps to become candi- 
dates for the village board of education at the November election 
and the board of elections would be required to place their names 
upon the ballots and hold an election therefor. — Attorney General, 
1913, p. 460. 



134 



PUBLIC ELECTIONS. 



Qualifications 
of elector. 



When women 
mav vote. 



Registration 
of women. 



Nominations 
of candidates 
for board of 
education. 



Section 4861. Every male citizen of the United 
States, who is of the age of twenty-one years or over, and 
possesses the qualifications in regard to residence herein- 
after provided, shall be entitled to vote at all elections. 
(Cons. Art. V. § i.) 

Within the meaning of an act creating the ofifice of board of workhouse 
directors, women are not electors: State, ex. rel., v. Rust, 4 O. C. C. 329, 
O. C. D. 577. 

Only a citizen of the United States is a qualified elector, and as such 
is eligible to the office of village marshal or village councilman: State, ex rel., 
V. Collister, 6 O. C. C. (N. S.) 33, 17 O. C. D. 529. 

Section 4862. Every woman, born in the United 
States or who is the wife or daughter of a citizen of the 
United States, who is over twenty-one years of age and 
possesses the necessary qualifications in regard to residence 
hereinafter provided for men shall be entitled to vote and 
to be voted for for member of the board of education and 
upon no other question. (97 v. 354 § 3.) 

Under Article 15, Section 4 of the Constitution, a woman may 
not be elected to or appointed to any office in this state. Under 
Article 6, Section 2, and Article 1. Section 7 of the Constitution, 
however, through the powers therein conferred upon the General 
Assembly to secure a thorough and efficient system of common 
schools and to encourage schools and the means of instruction, 
the provision of Section 4862, General Code, permitting a woman 
to serve as member of the board of education and to vote for 
members thereof, is held to be valid and constitutional. 

Since, therefore, women may serve on the board of education, 
and since, furthermore, Section 4747, General Code, provides that 
in any district other than the township school district, a member 
of a board of education may be elected clerk of the board, a 
woman in this district may be so elected clerk, under authority 
of this statute. 

The statutes do not confer the right, however, of a woman 
to serve as clerk of a township, and since the statutes require such 
clerk to act as clerk to the school board, a woman may not serve 
in the latter capacity. The statutes, furthermore, have not made 
provision for service as treasurer of a school board by a woman 
and she may, therefore, not serve in that capacity. — Attornev 
General, 1913, p. 466. 

This statute is valid and constitutional, fince it is within the power of 
the legislature to provide for establishing and maintaining common schools; 
and not being within the restrictions of Art. V, Sec. 1 of the Ohio constitution; 
State, ex. rel., v. Columbus, 9 O. C. C. 131. 

An alien woman who has married a citizen of the United States and 
possesses the other requisite qualifications, may vote at a school election: In 
re Whitehead, 8 O. F. D. 348, 33 Bull. 157. 

Section 4940. The provisions of this chapter relat- 
ing to registration shall apply to women upon whom the 
right to vote for member of the board of education is con- 
ferred by law% but the names of such women may be 
placed on a separate list. (97 v. 254 § 3.) 

Section 4997. Nominations of candidates for the 
office of member of the board of education may be made 
by nomination papers, signed in the aggregate __for each 
candidate by not less than twenty-five qualified electors of 
either sex of the school district, except in city school dis- 
tricts, such nomination papers shall be signed by petitioners 



PUBLIC ELECTIONS. 



135 



not less in number than one for every one Hundred persons 
who voted at the next preceding general election in such 
city. (97 V. 340.) 

As the deputy state supervisor of elections is required by 
Section 4998 to publish a list of the names of candidates for all 
school districts it is legal to pay out of the county treasury the 
expenses of making such publication. 

It is not necessary for the clerk of the board of education 
to be furnished the names of candidates for members of the 
hoard. — Attorney General, 1911-12, p. 369. 

Section 4998. When nominations of candidates for Names of 
member of the board of education have been made by nom- iJorJcr^ub-^' 
ination papers filed with the board of deputy state super- Hshed. 
visors, as herein provided, such board of deputy state 
supervisors shall publish on two dififerent days prior to the 
election a list of the names of such candidates in two news- 
papers of opposite politics in the school district, if there is 
such printed and published therein. If no newspaper is 
printed in such school district, the board shall post such 
list in at least five public places therein. (97 v. 340.) 

As the deputy state supervisor of elections is required by 
Section 4998 to publish a list of the names of candidates for all 
school districts, it is legal to pay out of the county treasury the 
expenses of making such publication. 

It is not necessary for the clerk of the board of education 
to be furnished the names of candidates for members of the board. 
— Attorney General, 1911-12, p. 369. 



Section 5016. Except as in this chapter provided, 
the names of all candidates to be voted for on the first 
Tuesday after the first Monday in November shall be 
placed upon the same ballot. (99 v. 399 § 3.) 

Section 5029. In election precincts composed of a 
township or a part thereof, or a municipality or a part 
thereof, there shall be provided for all elections separate 
ballots for each precinct,- so as to enable electors residing 
in such precinct to cast their votes for the proper candi- 
dates in such precinct ; and there shall be provided separate 
ballots for each district portion of such precinct which 
shall contain the names of the candidates for members of 
the board of education for w^hom electors residing in such 
district are entitled to vote. (98 v. 234 § 15.) 

Cited in construing 102 O. L. 5, State v. Miller, 87 O. S. 12. 

Section 5032. The names of candidates for mem- 
bers of the board of education of a school district, however 
nominated, shall be placed on one independent and separ- 
ate ballot without any designation whatever, except for 
member of board of education and the number of mcm1)ers 
to be elected. (98 v. 116 § i.) 

Section 5033. The ballots for members of the board 
of education shall be prepared and printed as follows : The 
whole number of ballots to l)e printed for the school dis- 
trict shall be divided bv the num1)er of candidates for mem- 



Names of 

candidates 
shall be placed 
on same 
ballot. 



Separate bal- 
lots for each 
precinct. 



r.allots for 
school board. 



How ballot 
for school 
board printed. 



136 



PUBLIC ELECTIONS. 



School dis- ■ 
tricts in cities. 



Poll books 
and tally 
sheets for 
school elec- 
tions. 



Canvass of 
vote in school 
elections. 



How results 
determined in 
certain cases. 



ber of board of education of the district, and the quotient 
so obtained shall be the number of ballots in each series 
of ballots to be printed. The name of candidates shall be 
arranged in alphabetical order and the first series of ballots 
printed. Then the first name shall be placed last and the 
net series printed, and so shall the process be repeated 
until each name shall have been first. These ballots shall 
then be combined in tablets with no two of the same 
order of names together, except when there is but one 
candidate. (98 v. 116 § 2.) 

Referred to as showing that voting machines do not allow the rotation 
of the names of candidates for the board of education: State, ex rel., v. 
Board of Education, 80 O. S. 471. 

Section 5034. In city school districts, the ballots -for 
each subdistrict shall contain the names of the candidates 
for. member of the board of education from such subdis- 
trict and also the names of the candidates to be elected at 
large. (97 v. 354 § i.) 

Section 5049. There will be separate poll books and 
tally sheets for all elections for school purposes and the 
ballots of the electors at such elections shall be deposited 
in a separate ballot box. (97 v. 354 §1.) 

Section 5120. In school elections, the returns shall 
be made by the judges and clerks of each precinct to the 
clerk of the board of education of the district, not less 
than five days after the election. Such board shall can- 
vass such returns at a meeting to be held on the second 
Monday after the election, and the result thereof shall be 
entered upon the records of the board. (97 v. 354 § i.) 

From the language of relative statutory sections, and from 
the fact that the subject is treated under the head of schools, and 
from the further fact that the question is a purely local one, 
affecting only the voters of the school district in which it is held, 
a special election held upon the question of issuing bonds for 
school purposes is to be considered a school election under section 
5120, and. returns thereof should be made to the clerk of the board 
of education of the district, and such board is the authority that 
shall first canvass said returns. — Attorney General, 1911-12, p. 507. 

The vote at a special election at which is submitted a proposi- 
tion for the issuance of bonds for the erection of a school house, 
is governed by Section 5120, General Code, and should be can- 
vassed by the Board of Education of the district as therein pro- 
vided. — Attorney General, Opinion No. 46, 1915. 

Section 5121. In the canvass of the vote for mem- 
bers of the board of education, or assessors of real prop- 
erty, the person having the highest number of votes shall 
be declared elected, and the next highest, and so on, until 
the number required to be elected shall have been selected 
from the number having the highest number of votes. If 
any number of persons greater than the number to be 
elected at such election have the highest and an equal num- 
ber of votes, the board making the canvass shall determine 
by lot which of the persons shall be duly elected. (100 

Y. 81 § I.) 



PART SBCOIND 



CIVIL. 

137 



TITLE !• TAXATION. 



CHAPTER 12. 

LEVYING TAXES. 

LIMITATION ON TAX RATE. 



Section 

5649-1. Levy for sinking fund and interest. 
5649-la. Former bonds legal. 
5^9-2. Tax levy limitation. 
5649-3a. When tax levies to be made; budget; 
- county; municipal corporation; 

township; school. 
5649-3b. Budget commissioners; time and 

place of meeting; quorum, expenses. 
5649-3c. Examination of budgets; adjustment 

and certification. 



Section 

5649-3d. Appropriations each fiscal 

5649-3e. Balances iinexpended. 

5649-4. Emergencies. 

5649-5. Proceedings when maximum 

sufficient. 
5649-5a. Vote; notice; ballot. 
5649-5b. Result. 
[>649-6. Consolidated district. 



half 



year. 



rate in 



Section 5649-1. In any taxing district, the taxing Levy for sink- 
authority shall, within the limitations now prescribed by Inferest" 
law, levy a tax sufficient to provide for sinking fund and 
interest purposes for all bonds issued by any political sub- 
division, which tax shall be placed before and in preference 
to all other items, and for the full amount thereof. (104 
V. 12.) 

Section 5649-1 a. All bonds heretofore issued by any ^,°\^^^ ^,°"^^ 
political subdivision for a lawful purpose which have been ^^^ ^ ^^^ ' 
sold for not less than par and accrued interest and the pro- 
ceeds thereof paid into the treasury, shall be held to be 
legal, valid and binding obligations of the political sub- 
division issuing the same. (104 v. 12.) 



Section 5649-2. Except as otherwise provided in sec- 
tion 5649-4 and section 5649-5 of the General Code, the 
aggregate amount of taxes that may be levied on the tax- 
able property in any county, township, city, village, school 
district or other taxing district, shall not in any one year 
exceed ten mills on each dollar of the tax valuation of the 
taxable property of such county, township, city, village, 
school district or other taxing district for that year, and 
such levies in addition thereto for sinking fund and in- 
terest purposes as may be necessary to provide for any in- 
debtedness heretofore incurred or any indebtedness that 
may hereafter be incurred by a vote of the people. (103 
V. 552.)^ 

Sections 6649-2 et. seq. limit rate of taxation and repeal hv implication 
existing conflicting statutes. Rabe v. Canton Sch. Dist. (Bd. of Ed.) 8S O. S. 
403. 

Act limiting tax rate not law providing for tax levy and not cfifective 
for ninety days. State v. Milroy, 88 O. S. .Wl. 

repeal hv imnlication existing conflicting 



Tax levy 
itation. 



IJmit rate of taxation ^and 
statutes. Rabe v. Canton School Di.'^t. 
'Cited in construing Art. . 12, Sec 
S. 244). 



hv imnlication 
(Bd. of Ed.) 88 O. S. 403. 
2. Link v. Karb, 24 Dec. 230 



(14 N. 



139 



140 ' LEVYING TAXES. 

Under section 5649-5b, General Code, interest and sinking 
fund levies to pay for indebtedness created subsequent to June 2, 
1911, under authorization of a popular vote, are excluded only 
from the ten rnill limitation of the Smith one per cent. law. 

Under section 6649-4, General Code, the taxing authorities 
are authorized to exceed all limitations for certain emergencies 
referred to therein. 

The destruction of a school house is not such an emergency, 
however, and therefore when, because of such a casualty, it be- 
comes necessary to borrow money and issue bonds, the amounts 
authorized by vote of electors on the question of additional taxes 
and bond issues necessary, must be within the limitation of fifteen 
mills. — Attorney General, 1911-12, p. 1357. 

Interest and sinking fund levies, whether for the retirement 
of bonds issued or for indebtedness incurred prior to the passage 
of the Smith law by the vote of the people or otherwise, are 
within the fifteen mill limitation of said law. — Attorney General, 
1911-12, p. 1377. ^ 

The limitation of the Smith law with respect to the amount 
raised for all purposes in the year 1910 refers to the amount which 
may be levied by the state, county, school district, township and 
municipality altogether, and therefore, the only effect of the fact 
that a municipality had made no levy whatever during .the year 
1910 would be in allowing the needs of said municipality for 1911, 
to reduce the amounts allowed to other subdivisions from taxa- 
tion on the property of said municipality. — Attorney General, 
1911-12, p. 1451. 

A levy of one mill by the board of education imposed annu- 
ally for the purpose of reimbursing a library association for 
services to the public in pursuance of a contract between the board 
and the association, is within the interior limitations of the Smith 
law and is not a "levy for sinking fund and interest purposes 
necessary to provide for indebtedness created prior to the passage" 
of the Smith law. 

The obligation which rests upon the board is not an indebted- 
ness within the meaning of the statute nor is there an "impair- 
ment of the obligation of contract" in the effect of the Smith law 
upon such procedures. — Attorney General, 1912, p. 1578. 

The taxing authorities of a taxing district may levy a tax 
in addition to that which may be levied within the ten mill levy, 
now imposed by the amended section as section 5649-2, for the 
purpose of providing for indebtedness incurred prior to June 2, 
1911, or after that date by a vote of the people, and for no other 
interest and sinking fund levies whatever, except_ those specif- 
ically authorized to be levied by the earlier provision of section 
5649-2, General Code. However the budget comrnission act does 
not become effective until ninety days after its filing in the office 
of the secretary of state by the governor. 

The action of the budget commission to be taken in the 
year 1913, is to be governed by the provisions of the original 
Smith one per cent, law and not by the provisions of House Bill 
No. 500, and the limitations of section 5649-3, which is repealed 
by House Bill No. 500, will be operative upon the 1913 levies. — 
Attorney General, 1913, p. 645. 

An ordinance authorizing an issue of bonds for extending, 
enlarging and improving a municipal water works plant, provides 
for the levy of a sinking fund, and interest tax sufficient to pay 
the bonds. The fact that the bonds were authorized by vote of 
the people are together not sufficient to determine whether the 
issue is to be considered in arriving at the debt limitations of the 
city under the Longworth Act. — Attorney General, Opinion 1033, 
1914. 

The meaning of the words "heretofore" and "hereafter" 
occurring in Section 5649-2, General Code, originally enacted on 
May 31. 1911. and approved on June 2, 1911, but subsequently 
amended April 16. 1913, by an act which was approved by the 
governor May 6, 1913, filed in the office of the Secretary of State 



LEVYING TAXES. ' I4I 

on May 9, 1913, and which is the case of State ex rel. Schreiber 
V. Milroy, 88 O. S., is that the original meaning of these words 
as estabhshed as the first enactment of the section was not changed 
when it was amended, and that the day to which the amended 
section refers is still June 2, 1909. — Attorney General, Opinion 
No. 900, 1914. 

The statutes authorizing the township trustees, under certain 
circumstances, to levy certain taxes for road improvement purposes, . • 

remain in force generally, notwithstanding the enactment of the 
Smith Law, although the special limitation upon the .tax authorized 
by the original statute has been supplanted by the Smith Law 
limitations; and in particular that this tax must be levied subject 
to the ten mill limitation law. — Attorney General, Opinion 1222, 
1914. 

The amendment to Section 5649-2, a part of the so-called 
Smith law and affecting the ten mill limitation, though subse- 
quent to amendment to Section 5649-5b, imposing the fifteen mill 
limitation, is to be read together with the letter so that sinking 
fund and interest levies necessary to provide for previously in- 
curred bonded indebtedness, such indebtedness authorized by vote 
of the people is still subject to the fifteen mill limitation. — Attorney 
General, Opinion 956, 1914. 

The taxing authorities of any taxing district may levy taxes not exceeding ^ 

the aggregate of ten mills on each dollar of the tax valuation of the property 
of such taxing district for state, county, township, school and municipal pur- 
poses, subject to the further limitation of the paragraphs following. 

In addition thereto levies may be made for sinking fund and interest 
purposes necessary to provide for any indebtedness incurred before the pas- 
sage of said act, and any indebtedness that may be incurred after the passage 
of said act by a vote of the people. 

In case such levy for the year 1911 shall produce an amount greater 
than the amount of taxes levied in the year 1910, then such levy of ten mills 
on the dollar must be reduced to such a rate as will produce no more money 
than the taxes levied for the year 1910. 

A municipal corporation may levy for general purposes, as provided in 
preceding paragraphs 1, 2, and 3, an aggregate of five mills on the taxable 
property within such corporation only in the event that such levy of five 
mills, when added to the levy of state, county, township and school purposes, 
shall not in the aggregate exceed ten mills on the dollar, and whenever such 
levies exceed ten mills on the dollar, then it is the duty of the budget com- 
mission to scale said levies down in proportion to the amount of each until 
the total levies so rnade aggregate ten mills or less. 

The right to levy five mills on the taxable property within such cor- 
poration is further limited by the provision that if said levy of ten mills for 
the year 1911 will produce more taxes than were levied in the year 1910, then 
such levy should again be scaled by the budget commission vmtil the same 
will produce no larger revenue than the taxes levied in the year 1910. 

The five mills which, subject to the qualifications hereinbefore defined, 
may be levied by a municipal corporation for corporation purposes, are exclu- 
sive of such levies for interest and sinking fund purposes as are or may be 
necessary to provide for any municipal indebtedness incurred prior to the 
passage of the act of June 2, 1911, and any indebtedness thereafter incurred 
by a vote of the people. 

The supreme court, therefore, found that the relator is entitled to a 
peremptory writ of mandamus commanding the auditor of Lucas county, 
defendant herein, to ascertain the rate of taxes necessary to produce the 
amounts to him certified by the budget commission of Lucas county, provided 
that the aggregate (exclusive of the levy for the sinking fund and interest _ 
purposes, for indebtedness heretofore incurred, and indebtedness that may 
have been incurred by a vote of the people) shall not exceed the rate of ten 
mills, and the total fund raised thereby, including the amount necessary for 
the sinking fund and interest as aforesaid, shall not exceed the amount raised 
in the year 1910, then to enter the same upon the tax duplicate of Lucas 
county. Also, that he ascertain the rate of the levy necessary for sinking 
fund, and interest purposes to provide for indebtedness incurred before the 
passage of said act and any indebtedness that may have been incurred since 
the passage of the act by a vote of the people, if any, and add svich levy to 
the tax duplicate in addition to said ten mills, but the total of both levies not 
to exceed the total sum levied in the year 1910. 

It was therefore ordered, adjudged and decreed that a peremptory writ 
ot mandamus issue against the defendant, as auditor of Lucas countv, com- 
manding him to make levies as provided herein: State, ex rel., v. Sanzen- 
bacher, 84 O. S. 504. 

The only change made in the original Section 5649-2. General Code, by 
the amendment of May 6, 1913 (103 O. L. 552) is the elimination of the part 
of the original sectidn that is not included in the amendment. The words 
"heretofore" and "hereafter" found i'^ both ref^r to t]T° date of the passage 
of the original act June 2', 1911: State, ex rel.. v. Speigel et al., 91 O. S. 12. 



142 LEVYING TAXES. 

When tax SECTION 5649-33. Oil or before the first Monday in 

mide *° ^^ June, each year, the county commissioners of each county, 
the council of each municipal corporation, the trustees of 
each township, each board of education and all other boards 
or officers authorized by law to levy taxes, within the 
county, except taxes for state purposes, shall submit or 
cause to be submitted to the county auditor an annual bud- 
get, setting forth in itemized form an estimate stating the 
amount of money needed for their wants for the incoming 
year, and for each month thereof. Such annual budgets 
shall specifically set forth : 

i3ydget. (i^ The amount to be raised for each and every 

purpose allowed by law for which it is desired to raise 
money for the incoming year. 

(2) The balance standing to the credit or debit of the 
several funds at the end of the last fiscal year. 

(3) The monthly expenditures from each fund in the 
twelve months and the monthly expenditures from all funds 

, in the twelve months of the last fiscal year. 

(4) The annual expenditures from each fund for 
each year of the last five fiscal years. 

(5) The monthly average of such expenditures from 
each of the several funds for the last fiscal year, and also 
the total monthly average of all of them for the last five 
fiscal years. 

(6) The amount of money received from any other 
source and available for any purpose in each of the last 
five fiscal years, together with an estimate of the probable 
p mount that may be received during the incoming year, 
from such source or sources. 

(7) The amount of the bonded indebtedness setting 
out each issue and the purpose for which issued, the date 
of issue and the date of maturity, the original amount is- 
sued and the amount outstanding, the rate of interest, the 
sum necessary for interest and sinking fund purposes, and 
the amount required for all interest and sinking fund pur- 
poses for the incoming year. 

(8) The amount of all indebtedness incurred under 
authority of section 5649-4 and the amount of such addi- 
tional taxes as may have been authorized as provided in 
section 5649-5 of the General Code, setting out each issue 
in detail as provided in the next preceding paragraph. 

^ , (q) Such other facts and information as the tax com- 

mission of Ohio or the budget commissioners may require. 

j^^^^j^.^j ^j The aggregate of all taxes that may be levied by a 

corporation. couiity, for couuty purposcs, on the taxable property in the 
county on the tax list, shall not exceed in any one year 
three mills. The aggregate of all taxes that may be levied 
by a municipal corporation on the taxable property in the 
corporation, for corporation purposes, on the tax list, shall 
« not exceed in any one year five mills. The aggregate of 

Township. ^j^ , taxes that may be levied by a township, for township 



LEVYING TAXES. 1 43 

purposes, on the taxable property in the township on the 
tax Hst, shall not exceed in any one year two mills. The 
local tax levy for all school purposes shall not exceed in school. 
any one year five mills on the dollar of valuation of tax- 
able property in any school district. Such limits for county, 
township, municipal and school levies shall be exclusive 
of any special levy, provided for by a vote of the electors, 
special assessments, levies for road taxes that may be 
worked out by the tax payers, and levies and assessments 
in special districts created for road or ditch improvements, 
over which the budget commissioners shall have no control. 

Such budget shall be made up annually at the time Blanks, 
or times now fixed by law when such boards or officers 
are required to determine the amount in money to be raised 
or the rate of taxes to be levied in their respective taxing 
districts. 

The county auditor shall provide and furnish such 
boards and officers blank forms and instructions for mak- 
ing up such budgets. (102 v. 266.) 

Section 3798, General Code, requiring that unexpended ap- 
propriations or balances of appropriations, remaining over at the 
end of the year, or after a fixed charge has been terminated, shall 
revert to funds from which they were taken, and section 5649-3e, 
providing that such funds shall revert to the general fund, have 
substantially the same meaning and effect. 

In view of the provisions of section 3806, General Code, to 
the effect that sums certified by the auditor to be sufficient for a 
specific appropriation as a condition precedent to a contract or 
expenditure, shall not thereafter be considered unappropriated until 
the obligation is discharged, the word unexpended in these statutes 
must be construed to mean only such appropriations and balances 
as have not been certified in accordance with section 3806, General 
Code, by the auditor to be in the fund. — Attorney General, 1913, 
p. 226. 

A levy of taxes made by a board of education for the pur- 
pose of providing for the payment of bonds issued in anticipation 
thereof, under authority of section 7629, General Code, must be 
made within the limitations of the Smith one per cent law, and 
also wthin the five mill limitation, applicable to boards of educa- 
tion as such, and prescribed by section 5649-3a, General Code. — 
Attorney General, 1913, p. 1381. 

The county commissioners do not have authority to expend 
money in the public treasury for the purpose of establishing social 
centers. If the county commissioners desire to establish such in- 
stitution they must at the proper time submit to the budget com- 
mission an estimate of the amount of money needed for this 
purpose. 

The county commissioners have no authority to pay the salary 
of a director and other necessary expenses connected with these 
social centers. — Attorney General, 1913, p. 1396. 

Levies for interest in sinking fund purposes, not authorized 
by the electors prior to the enactment of the Smith one per cent. 
law in special districts, created for road or ditch improvements, 
are exempted by the terms of section 5649-3a from the limits of 
county, township, municipal and school levies. 

The provision of this statute taking such levy from the con- 
trol of the budget commissioners merely prevents the budget com- 
missioners from cutting the same down, but does not exempt 
such levies from the 1910 tax limitations. -^^^^orn^^) General, 
1913, p. 1244. 



144 Li:VVlXG TAXRS. 

A levy of one mill by the board of education imposed annu- 
ally for the purpose of reimbursing a library association for serv- 
ices to the public in pursuance of a contract between the board 
and the association, is within the interior limitations of the Smith 
law and is not a "levy for sinking fund and interest purposes 
necessary to provide for indebtedness created prior to the passage" 
of the Smith law. 

The obligation which rests upon the board is not an indebt- 
edness within the meaning of the statute nor is there an "impair- 
ment of the obligation of contract" in the effect of the Smith 
law upon such procedures. — ^^forno General^ 1912, p. 1578. 

The statutes authorizing the township trustees, under certain 
circumstances, to levy certain taxes for road improvement pur- 
poses, remain in force generally, notwithstanding the enactment 
of the Smith Law, although the special limitation upon the tax 
authorized by the original statute has been supplanted by the 
Smith Law limitations ; and in particular that this tax must be 
levied subject to the ten mill limitation law. — Attorney General, 
Opinion No. 1222, 1914. 

Section 7592, General Code, is no longer in force and no levy 
outside the five mill limitation of the Smith law can be made 
thereunder. 

Section 7751, General Code, cannot be so interpreted as to 
permit a levy thereunder outside of the five mill limitation of 
the Smith Law. 

The opinion of the Attorney General to the Auditor of State 
under date of February 26, 1912, relative to the application of the 
law for State aid to weak school districts concurred in. but limited 
to its application to the said law as it then existed. 

Opinion of the Attorney General to the Auditor of State 
relative to the joint operation of the law for State aid to weak 
school districts and the Smith One Per Cent Law, found in Vol. 
1, Annual Report of Attorney General, 1912, p. 89, modified lb, 
p. 108, concurred in and followed, subject to the qualification that 
a board of education which has submitted a budget estimate re- 
quiring the levy of taxes to the full extent of any absolute limita- 
tion of the Smith Law, such as five mill limitation of Section 
5649-3a, General Code, should not be held to have disqualified the 
district to receive State aid, if such amount is insufficient to 
operate the schools in accordance with the provisions of the State 
Aid law. — Attorney General, Opinion No 179, March 27, 1915. 

Validity of the Smith one per cent law, and application to contracts in 
force: State v. Sayre, 23 Dec. 319 (12 N. S. 52). 

Cited in construing Art. 12, Sec. 2: Link v. Karn, 24 Dec. 229 (14 
N. S. 244). 

Co,„,ty Section 5649-3b. There is hereby created in each 

budget county a boarci for the annual adjustment of the rates of 

commission, r , ^ . . c , i i • i ^i 

members of, taxatiou and fixing the amount oi taxes to be levied tlierein, 
powers and ^^ j^^ knowu as the budgct commissioners. The county 
auditor, the county treasurer and the prosecuting attorney 
shall constitute such board. The budget commissioners 
shall meet at the auditor's office in each county on the 
first Monday in August annually, and shall complete their 
work on or before the third Monday in that month, un- 
less for good cause the tax commission of Ohio shall ex- 
tend the time for completing the work. Each member 
shall be sw^orn faithfully and impartially to perform the 
duties imposed upon him by law. Two members shall 
constitute a quorum. The auditor shall be the secretary 
of the board and shall keep a full and accurate record of 
all proceedings. The auditor shall appoint such messengers 
and clerks as the board deems necessary, who shall receive 



LEVYING TAXES, I45 

not to exceed three dollars per day for their services for 
the time actually employed, which shall be paid out of the 
county treasury. The budget commissioners shall be al- 
lowed their actual and necessary expenses. Such expenses 
shall be itemized and sworn to by the person who incurred 
them and paid out of the county treasury when approved 
by the board. For the purpose of adjusting the rates of 
taxation and fixing the amount of taxes to be levied each 
year the county auditor and the budget commissioners shall 
be governed by the amount of the taxable property as 
shown on the auditor's tax list for the current year; pro- 
vided, that if the auditor's tax list has not been completed, 
the county auditor shall estimate as nearly as prac- 
ticable the amount of the taxable property for such year 
and such officers shall be governed by such estimate. (io6 
V. 180.) 

The amendment to Section 5649-2, a part of the so-called 
Smith law and affecting the ten mill limitation, though subsequent 
to amendment to Section 5649-5b, imposing the fifteen mill limita- 
tion; is to be read together with the latter so that sinking fund 
and interest levies necessary to provide for previously incurred 
bonded indebtedness, such indebtedness authorized by vote of the 
people is still subject to the fifteen mill limitation. — Attorney 
General, Opinion 956, May 25, 1914. 

The statutes authorizing the township trustees, under certain 
circumstances, to levy certain taxes for road improvement pur- 
poses, remain in force generally, notwithstanding the enactment of 
the Smith law, although the special limitation upon the tax author- 
ized by the original statute has been supplanted by the Smith law 
limitations; and in particular that this tax must be levied subject 
to the ten mill limitation law. — Attorney General, Opinion 1222, 
November 5, 1914. 

Section 5649-3C. The auditor shall lay before the Examination 
budget commissioners the annual budgets submitted to him °^ budgets, 
by the boards and officers named in section ^G^g-^a. of this 
act, together with an estimate to be prepared by the au- 
ditor of the amount of money to be raised for state pur- 
poses in each taxing district in the county, and such other 
information as the budget commissioners may request, or 
the tax commission of Ohio may prescribe. The budget 
commissioners shall examine such budgets and estimates 
perpared by the county auditor, and ascertain the total 
amount proposed to be raised in each taxing district 
for state, county, township, city,, village, school district, 
or other taxing district purposes. If the budget commis- 
sioners find that the total amount of taxes to be raised 
therein does not exceed the amount authorized to be raised 
in any township, city, village, school district, or other tax- 
ing district in the county, the fact shall be certified to the 
county auditor. If such total is found to exceed such 
authorized amount in any township, city, village, school 
district, or other taxing district in the county, the budget 
commissioners shall adjust the various amounts to be raised Adjustment 
so that the total amount thereof shall not exceed in any an4 certifi- 

1- • 1 1-1 11-11 • T cation. 

taxmg district the sum authorized to be levied therein, in 
making such adjustment the budget commissioners may 

10 ». I,. 



146 LEVYING TAXES. 

revise and change the annual estimates contained in such 
budgets, and may reduce any or all the items in any such 
budget, but shall not increase the total of any such budget, 
or any item therein. The budget commissioners shall re- 
duce the estimates contained in any or all such budgets 
by such amount or amounts as will bring the total for each 
township, city, village, school district, or other taxing dis- 
trict, within the limits provided by law. 

When the budget commissioners have completed their 
work they shall certify their action to the county auditor, 
who shall ascertain the rate of taxes necessary to be levied 
upon the taxable property therein of such county, and of 
each township, city village, school district, or other taxing 
district, returned on the grand duplicate, and place it on 
the tax list of the county. (102 v. 266.) 

Constitutional: State v. Edmondson, S9 O. S. OCO; 59 Bull. Supp. 313. 

Legislature, not budget commission, levies taxes for state purposes: 
State V. Edmondson, 89 O. S. 000; 59 Bull. Supp. 343. 

Cited in construing Art. 12, Sec. 2: Link v. Karb, 24 Dec. 230 (14 
N. S. 244). 

Appropriations Section 5649-3d. At the beginning of each fiscal 

ha?? yean ^alf year the various boards mentioned in section 5649-3a 

of this act shall make appropriations for each of the sev- 
eral objects for which money has to be provided, from the 
moneys known to be in the treasury from the collection of 
taxes and all other sources of revenue, and all expenditures 
within the following six months shall be made from and 
within such appropriations and balances thereof, but no 
appropriation shall be made for any purpose not set forth 
in the annual budget nor for a greater amount for such 
purpose than the total amount fixed by the budget com- 
missioners, exclusive of receipts and balances. (102 v. 
266.) 

The county commissioners do not have authority to expend 
money in the public treasury for the purpose of establishing social 
centers. If the county comrnissioners desire to establish such in- 
stitution they must at the proper tiine submit to the budget com- 
mission an estimate of the amount of money needed for this 
purpose. 

The county commissioners have no authority to pay the 
salary of a director and other necessary expenses connected with 
these social centers. — Attorney General, 1913, p. 1396. 

The deputies of the budget commission prescribed by Section 
5649-3b, General Code, involve the exercise of judgment and dis- 
cretion, and consequently a deputy cannot exercise the same on 
behalf of his principal. 

A deputy auditor cannot act for the auditor, nor an assist- 
ant city solicitor for the solicitor. The president of council may 
act on behalf of the mayor for the reason that such president of 
council is not a deputy of the mayor and in the absence of the 
mayor becomes acting mayor. — Attorney General, Opinion No. 
955, 1914. 

Demands upon the county auditor and treasurer for advance 
payment of municipal taxes before settlement, may be made only 
by the city treasurer. No board or officer whatever has authority 
to control the distribution among the several municipal funds 
so drawn from the county treasury and placed in the municipal 
treasury; such moneys belong, pro rata, to the several funds in 



LEVYING TAXES. 147 

tlie proportion determined by the municipal levies. The county 
commissioners have no function whatever to discharge with re- 
spect to such advance drafts ; the trustees of the sinking fund of 
the city have no authority to make demand upon the county auditor 
and treasurer for advance payments on account of the city sink- 
ing fund levies. — Attorney General, Opinion No. 1172, 1914. 

Section 5649-36. Unexpected appropriations or bal- p.aiance unex- 
ances of appropriations remaining over at the end of the pe"J<^d. 
year, and the l^alances remaining over at any time after a 
fixed charge shall have been terminated by reason of the 
object of the appropriation having been satisfied or aban- 
doned, shall revert to the general fund, and shall then be 
subject to other authorized uses, as such board or officers 
may determine. (102 v. 266.) 

Section 5649-4. For the emergencies mentioned in Emergencies, 
sections forty-four hundred and fifty, forty-four hundred 
and fifty-one, fifty-six hundred and twenty-nine, seventy- 
four hundred and nineteen and 7630-1 of the General Code, 
the taxing authorities of any district may lew a tax suf- 
ficient to provide therefor irrespective of any of the limita- 
tions of this act. (103 v. 527.) 

Where the Industrial Commission and its deputy in charge 
of workshops, factories and public buildings condemn the use of 
a public school building for school purposes, the order must be 
complied with, and an emergency is created. 

If bonds are issued by the board of education, with the 
approval of the majority of the electors, at a special election, the 
tax levies necessary to carry these bonds may be made outside of 
the limitations of the Smith one per cent law. Such is the effect 
of the amendment to Section 5649-4, General Code. — Attorney 
General, 1913, p. 1715. 

Under section 5649-5b, General Code, interest and sinking 
fund levies to pay for indebtedness created subsequent to June 2, 
1911, under authorization of a popular vote, are excluded only 
from the ten mill limitation of the Smith one per cent. law. 

Under section 5649-4, General Code, the taxing authorities 
are authorized to exceed all limitations for certain emergencies 
referred to therein. 

The destruction of a school house is not such an emergency, 
however, and therefore when, because of such a casualty, it be- 
comes necessary to borrow money and issue bonds, the amounts 
authorized by vote of electors on the question of additional taxes 
and bond issues necessarv, must be within the limitation of fifteen 
miUs. — Attorney Genera), 1911-12, p. 1357. 

Where the Inspector of Workshops and Factories prohibits 
the use of a school house until certain repairs are made, but the 
board of education decides to erect a new school building instead, 
and the electors vote for a $25,000 bond issue for the construction 
thereof, but cannot levy sufficient taxes to pay bonds and maintain 
school, there would be an emergency within the meaning of Sec- 
tion 5649-4, General Code, and the necessary taxes ^or the retire- 
ment of bonds required for the purpose might be levied outside 
of all limitations of law. — Attorney General, Opinion No. 888, 
1914. 

In case of the condemnation of a school building by the State 
Building Inspector, levies for the necessary repairs are not en- 
titled to exemption from all limitations under Sections 7630-1 and 
5649-4, General Code, unless bonds are issued by a vote of the 
people, in which event the interest and sinking fund levies will be 



14^ LEVYING TAXES. 

exempt from the Imiitation. Simple repair levies made under these 
circumstances are subject to all the limitations of law. — Attornev 
General, Opinion No. 1190, October 8, 1914. 

Proceedings SECTION 5649-5. The couiity commissioners of any 

Tmum ^a^te~ county, the council- of any municipal corporation, the trus- 
insufficient. tcc of any towuship, or any board of education may, at 
any time, by a majority vote of all the members elected or 
appointed thereto, declare by resolution that the amount of 
taxes that may be raised by the levy of taxes at the maxi- 
mum rate authorized by sections 5649-2 and 5649-3 of 
the General Code as herein enacted within its taxing dis- 
trict, will be insufficient and that it is expedient to levy 
taxes, at a rate, in excess of such rate and cause a copy 
of such resokition to be certified to the deputy state super- 
visors of the proper county. Such resolution shall specify 
the amount of such proposed increase of rate above the 
maimum rate of taxation and the number of years not 
exceeding- five during which such increased rate may be 
continued to be levied. (102 v. 266.) 

Where the electors of a certain village voted to levy taxes 
in excess of the Smith law, the amount of five mills for three 
years and a mistake was made in printing the ballots providing 
for the lev}'^ of two mills for a period of three years, the pro- 
ceeding is not invalid, and the taxing authorities are authorized to 
levy two additional mills for municipal purposes during a period 
of three years. — Attorney General, 1913, p. 1442. 

Cited in construing Art. 12, Sec. 2: Link v. Karb, 24 Dec. 230 (U 
N. S. 244). 

y^^g^ Section 5649-5a. Such proposition shall be submit- 

ted to the electors of such taxing district at the November 
election that occurs more than twenty days after the adop- 
tion of such resolution. The deputy state supervisors shall 
prepare the ballots and make the necessary arrangements 
for the submission of such question to the electors of such 
taxing district, and the election shall be conducted, can- 
vassed and certified in like manner, except as otherwise 
provided by law, as regular elections in such taxing dis- 
trict for the election of officers thereof. Twenty days' 
notice of the election shall be given in one or more news- 
papers printed in the taxing districts once a week for four 
consecutive weeks prior thereto, stating the amount of the 
additional rate to be levied, the purpose for which it is 
to be levied, and the number of years during which such 
increased rate may be continued to be levied, and the time 
and place of holding the election. - If no newspaper is 
printed therein, the notice shall be posted in a conspicuous 
place and published once a week for four consecutive weeks 
in a newspaper of general circulation in such taxing dis- 
trict. 



Xotice. 



LEVYING TAXES. 



149 



The form of the ballots cast at such election shall be : 

'Tor an additicnial levy of taxes for the purpose of Baiiot. 

not exceeding mills, for not to 

exceed years, Yes." 

'Tor an additional levy of taxes for the purpose of 

not exceeding mills, for not to 

exceed years. No." (102 v. 266.) 

Section 5649-5b. If a majority of the electors voting ^^^^^ 
thereon at such election vote in favor thereof, it shall be 
lawful to levy taxes within such taxing district at a rate 
not to exceed such increased rate for and during the period 
provided for in such resolution, but in no case shall the 
combined maximum rate for all taxes levied in any year 
in any county, city, village, school district, or other taxing 
district, under the provisions of this and the two preceding 
sections and sections 5649-1, 5649-2 and 5649-3 of the 
jcneral Code as herein enacted, exceed fifteen mills. (103 Maximum levy 

y cy ^ fifteen mills. 

It is necessary for a township board of education to submit 
the question of centralization of schools to a vote, under the pro- 
visions of section 4726, General Code. 

All the electors of the township are entitled to vote upon 
the proposition of the centralization of schools. 

The abolishment of all the schools in all the sub-districts, 
by virtue of sections 7730 and 7731, Geneeral Code, the establish- 
ment of new schools and the conveyance of pupils to these schools, 
operate as a centralization of the schools of the township, pro- 
vided that no election has been held upon the question of centraliza- 
tion which resulted adversely and provided that no petition may 
be filed for an election according to law. — Attorney General, 1913, 
p. 1377. 

Under section 5649-5b, General Code, interest and sinking 
fund levies to pay for indebtedness created subsequent to June 2, 
1911, under authorization of a popular vote, are excluded only 
from the ten mill limitation of the Smith one per cent. law. 

Under section 5649-4, General Code, the taxing authorities 
are authorized to exceed all limitations for certain emergencies 
referred to therein. 

The destruction of a school house is not such an emergency, 
however, and therefore when, because of such a casualty, it be- 
comes necessary to borrow money and issue bonds, the amounts 
authorized by vote of electors on the question of additional taxes 
and bond issues necessary, must be within the limitation of fifteen 
m\\\s.~ Attorney General, 1911-12, p. 1357. 

Section 5649-6. Whenever two or more taxing dis- consolidated 
tricts are consolidated by annexation or otherwise, the ag- districts, 
gregate amount of taxes authorized under section 2 of this 
act, for such consolidated district shall not exceed the 
sum of the aggregate amount which would have been au- 
thorized for all of said taxing districts separately. (loi 
V. 430.) 

Section 5054. County commissioners, township trus- Tax levy, 
tees, councils, boards of education or other authorities, au- 
thorized to levy taxes, shall make the necessary levy to 
meet such expenses, which levy may be in addition to all 
other levies authorized or required by law. (99 v. 84 § 14.) 



TITLE V. PUBLIC SCHOOLS. 



CHAPTER 


I. 


CHAPTER 


2. 


CHAPTER 


3- 


CHAPTER 


3a 


CHAPTER 


4- 


CPIAPTER 


5- 


CHAPTER 


6. 


CHAPTER 


7- 


CHAPTER 


8. 


CHAPTER 


9- 


CHAPTER 


10. 


CHAPTER 


II. 


CHAPTER 


12. 



School Eunds. 

School Houses and Libraries. 

Schools and Attendance. 

Teaching of Agriculture. 

Compulsory Education. 

Reports. 

Enumeration. 

Examiners. 

Teachers' Institute. 

Teachers' Pensions. 

Normal Schools. 

College and Universities. 

Schools Specially Endowed. 



CHAPTER I. 
SCHOOL FUNDS. 



Section 

7575. "The state common school fund;" tax 
levy for. 

7577. Interest upon proceeds of salt and 

swamp lands. 

7578. Proceeds of sale of swamp lands. 

7579. The "common school fund." 

7580. Accounts of common school fund. 

7581. Bequests, etc., in trust for common 

school fund. 

7582. Apportionment of school funds by au- 

ditor of state. 

7583. Apportionment to be made in Febru- 

ary settlement. 

7584. Funds to be retained by county treas- 

urer. 

7585. When county line divides township. 

7586. Board of education to fix rate of taxa- 

tion. 

7587. Levy to be divided into' four funds. 

7591. Maximum levy. 

7592. Greater tax may be levied. 

7593. Notice of election 

7594. Amount of levy to be certified to 

county auditor. 

7595. Salary of teachers. 

7595-1. School districts eligible to state aid. 

7596. State aid. 

7597. Certain districts not entitled to state 

aid. 

7598. When district situated in two or more 

counties. 



Section 

7599. To whom funds paid. 

7600. Apportionment of school fund. 

7601. Distribution of money after appor- 

tionment. 

7602. When covmty line divides original sur- 

veyed township. 

7603. Certificate of apportionment. 

7604. Depositing of school lands upon com- 

petitive bidding. 

7605. When district contains two or more 

banks. 

7606. Bids. 

7607. Districts containing less than two 

banks. 
760S. What resolution to contain. 
7fi09. Liability of treasurer relieved. 

7610. Neglect of certain duties by board. 

7611. Personal liability of board members. 

7612. Duty of county auditor. 

SINKING FUND. 

7613. Board of commissioners of the sink- 

ing fund. 

7614. Who to provide funds. 

7615. Investment of sinking fund. 

7616. Sinking fund commissioners may issue 

refunding bonds. 

7617. Report of sinking fund commissioners. 

7618. Payment of bonds and interest. 

7619. Bonds issued by board of education. 



Tax levy for 
state common 
school fund. 



Section 7575. For the purpose of affording the ad- 
vantages of a free education to all the youth of the state, 
there shall be levied anually a tax of fifty-five thousandths 
of one mill on the grand list of the taxable property of the 
state, to be collected as are other state taxes and the pro- 

150 



SCHOOL FUNDS. 15 1 

ceeds of which shall constitute "the state common school 
fund," and for the payment of interest on the irreducible 
or trust fund debt for school purposes, twenty-five ten 
thousands of one mill, such fund to be styled "the sinking 
fund". (105 V. 5.) 

The county auditor has no authority under the Smith one 
per cent tax law to place upon the tax duplicate any levies over 
which the budget commission has control, before that commission 
has met, organized and performed the duties, imposed by section 
5649-3c, General Code. 

The respective levies for county, township, municipal and 
school purposes are exclusive of the levy for state purposes; but 
levies for all these purposes together with the state levy must not 
exceed, in a given taxing district, the limitations of ten mills, the 
amount of taxes raised in 1910 and fifteen mills, respectively im- 
posed by different sections of the Smith one per cent. law. — 
Attorney General, 1911-12, p. 1614. 

As the tuition fund is in the nature of a trust fund, for 
the benefit of each individual youth in the state, transfers from 
said fund, in the treasury of a school district to a building fund 
cannot be made except under provision and conditions provided 
for in Section 5655, General Code, for the purpose of reducing 
tax levy estimates at the annual meeting of the board. 

The common pleas court has powers, under Sections 2296- 
2302, General Code, to permit transfers "when no injury will result 
therefrom" but in view of the peculiar nature of the tuition fund, 
such action would be a rare possibility. — Attorney General, 1912, 
p. 1206. 

The grammatical construction and the use of the term levy, 
and the intransitive form "providing for" in the phrase "laws 
providing for tax levies," section 1-b, article II, of the constitu- 
tion, compels the conclusion that this section is intended to com- 
prehend only such acts as provide for a specified levy and impose 
upon some office the mandatory duty of making the same at a 
defined rate on the grand duplicate of the state or some sub- 
division thereof. 

A law, therefore, such as is House Bill 500, which merely 
provides for the making of tax levies generally and prescribes 
the machinery by which such levies are to be carried out, is not 
subject to the exception provided in this section of the constitu- 
tion, and is therefore subject to the initiative and referendum. — 
Attorney General, 1913, p. 599. 

For limitation vipon the tax rate, see G. C. Sec. 5649-2. 

For limitations upon the amount to be raised by taxation, see G. C. 
Sec. 56i^3. 

For earlier statutes materially dififerent from those now in force, see 
Stewart v. Southard, 17 O. 402. 

Section 251. If the auditor of state ascertains that Deficiency in 
the money in the state treasury belonging to the state com- ccmmon ^^^ 
mon school fund will probably be insufificient to pay the how supplied, 
appropriation payable out of that fund, he shall draw for 
the amount of the probable deficiency in favor of the 
treasurer of state on such county treasurers and in such 
amounts as he deems proper to meet such deficiency, and 
deliver the drafts to the treasurer of state, take his receipt 
therefor, and charge the treasurer of state therewith. The 
treasurer of state shall immediately proceed to collect the 
drafts, and the county treasurer shall pay them if they have 
sufficient sums collected for state common school purposes. 
Drafts so paid shall be evidence of the payment into the 
state treasury of the sums therein specified, and on de- 
livery to the auditor of state shall be credited to the county 



1 c;2 SCHOOL FUNDS. 

treasurers, respectively, in their semi-annual settlement. 
The auditor of state shall not issue a draft upon a county 
treasurer for a sum in excess of what will be due such 
county as its proportion of the state common school fund. 
(78 V. 17.) 

Treasurer SECTION 6350. A couuty treasurer receiving such 

d"ties"^'*°^'^ money shall account for it to the auditor of state and pay 
it into the state treasury annually upon the draft of the 
state auditor at the time of making his August settlement 
with him. The auditor of state shall credit such sum to 
the state common school fund. (79 v. 96.) 

This section is constitutional: State v. Frame, 39 O. S. 399. 

Section 7S77. The state shall pay interest anually, 

Interest upon , '^': ^ •' ,, -^ ' 

proceeds of at the rate oi six per cent per annum, upon all money 
swamp'^iands. w4iich has bccu paid into the state treasury on account of 
sales of lands commonly called "salt lands," and upon all 
money paid or which may be paid into the state treasury on 
account of sales of swamp lands granted to the state by 
act of congress. The money received from such sales shall 
constitute an irreducible debt of the state ; and the interest 
shall be apportioned annually on the same basis as the state 
common school fund is apportioned, and distributed to the 
several counties as hereinafter provided. (70 v, 195.) 

As to proceeds of swamp lands under the act of 1894 (91 v. 229), see 
appendix, sec. 13917. 

As to swamp lands in Paulding county, see S9 v. 232. 

For duty of canal commission as to certain swamp lands, etc., see 
appendix, Sec. 13916. 

If two leases of adjoining tracts of school lands are given to one 
person, these two tracts cannot be appraised as one entire tract; and the 
trustees are entitled to any enhanced value which arises from the fact that 
the tracts are separate, and the lessee or assignee being entitled to any 
enhanced value which arise from the fact that the two tracts are used as one: 
Trustees of School v. Odlin, 8 O. S. 293. 

Proceeds of SECTION 7578. The net procccds hereafter paid into 

fands°^ swamp ^]^g state treasury, from the sales of swamp lands granted 
to the state by act of congress passed September 28, 1850, 
is hereby appropriated to the general fund for the support 
of common schools ; and the state is pledged to pay the 
interest annually, on all sums of money paid into the state 
treasury, from the sales of such lands, from the receipt of 
such money into the treasury. The interest so arising shall 
be distributed, annually to the several counties of the 
state in proportion to the number of male inhabitants above 
the age of twenty-one as the law provides for ascertaining 
the apportionment of representatives. The proportion of 
interest due to each county shall be distributed for the sup- 
]Jort for common schools in the respective counties in the 
manner prescribed for the distribution of the common 
school fund. (80 v. 39 § i.) 

Under a statute which provides for the sale of school lands, and which 
directs that interest upon purchase money mortgages should be paid at the 
rate of six per cent, until paid, a provision in the mortgage that interest 
should be paid annually, at the rate of six per cent, per annum is ultra Vires, 
and interest cannot be computed with annual rests: Hunter v. Hall, 14 O. 
C. C. 425, 6 O. C. D, 366. 



SCHOOL FUNDS. I53 

Section 7579. The money which has been and may The "common 
be paid into the state treasury on acount of sales of lands ^^^ooi fund." 
granted by congress for the support of public schools in 
any original surveyed township or other district of country, 
shall constitute the ''common school fund," of which the 
auditor of state shall be superintendent, and the income 
of which must be applied exclusively to the support of 
common schools, in the. manner designated in this chapter. 
(70 V. 195.) 

1. Under Section 7G00, General Code, as amended 104 O. L., 
159, requiring state common school funds to be distributed among 
school districts on the basis of thirty dollars for each teacher 
employed, each regular member of the teaching force of the dis- 
trict, though employed for part time only, as in the case of music 
and drawing teachers, is to be counted as a teacher. Substitute 
teachers elected to fill vacancies in the regular force are not to be 
counted as additional teachers. 

2. Music teachers, etc., regularly employed in more than one 
district are to be counted as teachers in each district, and each 
district is entitled to thirty dollars on account of such a teacher. 

3. Average daily attendance under Section 7600 as amended, 
ill the distribution of common school funds is to be computed for 
the time during which the schools are in session during the current 
year, but in no event less than a legal school year. 

4. The interest on common school fund moneys received 
from the sale of school lands and constituting a part of the irre- 
ducible debt of the State is to be distributed by the State to the 
counties at the February settlement, and by the coun^ty treasurer 
to the districts at the same settlement. In case more than one 
school district is located within the territorial limits of an original 
surveyed township, Section 7600, General Code, governs the dis- 
tribution of such interest, except in parts of such districts located 
in the original surveyed township, only which are to be taken into 
consideration. In the event the territory of a school district is 
co-extensive with that of an original surveyed township, there is 
no need of applying the rule of Section 760O, because the district 
will receive all of the interest in such case. 

5. Section 760O requires the distribution of common school 
funds among the districts of the county, to be made at the August 
settlement, and it is applicable to the settlement to be made in 
August 1914, but the succeeding February distribution of such 
funds is to be made in accordance with the apportionment of the 
preceding August and need not await distribution until the suc- 
ceeding August. — Attorney General, Opinion No. 1086, 1914. 

For the confirmation of the sale of school lands, see appendix, Sec. 13899. 

Township trustees have no authority to release a treasurer from his 
liability for any portion of the school fund belonging to the township, in the 
absence of some specific statutory provision (see G. C. Sec. 7609) : Monroe 
Township v. Williams, 13 O. 495. 

If lands revert to the state, and are afterwards sold again by the state, 
the payment of the taxes charged thereon may be made out of the proceeds 
of such second sale, after payment of the balance of the original purchase 
money: State ex rel., v. Purcel, 31 O. S. 352. 

Under the act of April 16, 1852, no action could be brought against the 
purchaser for the unpaid portion of the purchase price. The only remedy 
authorized was that by sale or forfeiture: State v. Glidden, 31 O. S. 309. 

The act of April 16, 1852, was not restricted to school lands in original 
surveyed townships, although they would be, of course, included: Seeley v. 
Thomas, 31 O. S. 301. 

Section 7580. The common school fund shall con- ^^^counts of 
stitute an irreducible debt of the state, on which it shall common 
pay interest annually, at the rate of six per cent per annum, 
to be computed for the calendar year, the first computation 
on any payment of principal hereafter made to be from 
the time of payment to and including the thirty-first day 



[54 SCHOOL FUNDS. 

of December next succeeding. The auditor of state shall 
keep an account of the fund, and of the interest which ac- 
crues thereon, in a book or books to be provided for the 
purpose, with each original surveyed township and other 
district of country to which any part of the fund belongs, 
crediting each with its share of the fund, and showing the 
amount of interest thereon which acrues and the amount 
which is disbursed annually to each. (70 v. 195.) 

When a devisor leaves a certain fund for the use of the 
school fund, such fund must be paid over to the state, and be- 
comes vested in the "common school fund". Through section 7580, 
General Code, such monies then become a part of "the irreducible 
debt" of the state upon w^hich shall be paid 6% interest per annum 
to be applied under section 7581, General Code, according to the 
intentioo of the devisor. — Attorney General, 1911-12, p. 520i. 

1. Under Section 7600, General Code, as amended 104 O. L., 
159, requiring state common school funds to be distributed among 
school districts on the basis of thirty dollars for each teacher 
employed, each regular member of the teaching force of the dis- 
trict, though employed for part time only, as in the case of music 
and drawing teachers, is to be counted as a teacher. Substitute 
teachers or teachers elected to fill vacancies in the regular force 
are not to be counted as additional teachers. 

2. Music teachers, etc., regularly employed in more than one 
district are to be counted as teachers in each district, and each 
district is entitled to thirty dollars on account of such a teacher. 

3. Average daily attendance under Section 7600 as amended, 
in the distribution of common school funds is to be computed for 
the time during which the schools are in session during the cur- 
rent year, but in no event less than a legal school year. 

4. The interest on common school fund moneys received 
from the sale of school lands and constituting a part of the 
irreducible debt of the State is to be distributed by the State to 
the counties at the February settlement, and by the county treas- 
urer to the districts at the same settlement. In case more than one 
school district is located within the territorial limits of an original 
surveyed township, Section 7600, General Code, governs the dis- 

^ tribution of such interest, except in parts of such districts located 

in the original surveyed township, only which are to be taken into 
consideration. In the event the territory of a school district is 
co-extensive with that of an original surveyed township, there is 
no need of applying the rule of Section 7600', because the district 
will receive all of the interest in such case. 

5. Section 760O requires the distribution of common school 
fr.nds among the districts of the county, to be made at the xA.ugust 
i-cttlemcnt. and it is applicable to the settlement to be made in 
.^vgust 1914, but the succeeding February distribution of such 
funds is to be made in accordance with the apportionment of the 
preceding August and need not await distribution until the suc- 
ceeding Au.'^ust. — Attorney General, Opinion No. 1086, 1914. 

Bequests, etc. SECTION 758 1. When any grant or devise of land, 

ill tiiiFt'for nr donation or bequest of money or other ])ersonal prop- 
common , . 1 , i 1 , i 1 ' i.1 
school fund. erty, IS made to the state, or to any person, or otherwise, 

in trust for the common school fund, it shall become vested 
in such fund. When the money arising therefrom is ])aid 
into the state treasury, proper accounts thereof must be 
kept l)y the auditor of state, and the interest accruing there- 
from shall be applied according to the intent of the grantor, 
donor, or devisor. (70 v. 195.) 

When a devisor leaves a certain fund for the use of ibc com- 
mon school fund, such fund must be ])aid over to the state, an(| 



SCHOOL FUNDS. 



155 



become vested in the "common school fund". Through section 
7580, General Code, such monies then becomes a part of "the 
irreducible debt" of the state upon which shall be paid 6% interest 
per annum to be applied under section 7581, General Code, accord- 
ing to the intention of the devisor. — Attorney General, 1911-12, 
p. 520. 

A county may accept a testamentary gift for the use of the schools, 
and it may apply the same to school pvirposes in compliance with law: Christy 
V. Commissioners, 41 O. S. 711. 

Section 2457. The commissioners of a county may p.^.^j^ests for 
receive bequests, donations, and gifts of real and personal coucationai 
property and money to promote and advance tiie cause of pHcaUmi' o^^~ 
education in such county. All property and money so ^""'''• 
received by the commissioners or which has been be- 
queathed or bestowed upon such commissioners and re- 
mains undisposed of, at their discretion, may be paid to 
any incorporated institution of learning in the county, or 
a part thereof may be used each year to defray the ex- 
penses of the teachers institute, upon such terms and con- 
ditions as the commissioners in their discretion prescribe, 
having reference to the terms of the trust and safety of the 
fund and its proper apphcation. (84 v. 211 § i.) 



Section 7582. The auditor of state shall apportion Apportionment 
the state common school fund to the several counties of the °^ j^^^k^ 

11 1 1 • r 1 • r i""ds by au- 

state semi-annually, upon the basis of the enumeration 01 ditor of state, 
youth therein, as shown by the latest abstract of enumera- 
tion transmitted to him by the superintendent of public 
instruction. Before making his February settlement with 
county treasurers, he shall apportion such amount thereof 
as he estimates to have been collected up to that time and 
in the settlement sheet which he transmits to the auditor 
of each county, shall certify the amount payable to the 
treasurer of his county. Before making his final settlement 
with county treasurers each year he shall apportion the 
remainder of the whole fund collected, as nearly as it can 
be ascertained, and in the August settlement sheet which 
he transmits to the auditor of each county shall certify the 
amount payable to the treasurer of his county. (104 v. 
158.) ; .Jiiiiil 

As the tuition fund is in the nature of a trust fund, for the 
benefit of each individual youth in the state, transfers from said 
fund, in the treasury of a school district to a building fund can- 
not be made except under provision and conditions provided for 
in Section 5655, General Code, for the purpose of reducing tax 
levy estimates at the annual meeting of the board. 

The common pleas court has powers, under Sections 2296- 
2302, General Code, to permit transfers "when no injury will result 
therefrom" but in view of the peculiar nature of the tuition fund, 
such action would be a rare possibility. — Attorney General, 1912, 
p. 1206. 

1. Under Section 7600, General Code, as amended 104 0.*L., 
159, requiring state common school funds to be distributed among 
school districts on the basis of thirty dollars for each teacher 
employed, each regular member of the teaching force of the district, 
though employed for part time only, as in the case of music arjjd 
drawing teachers, is to be counted as a teacher. Substitute teachers 



156 SCHOOL FUNDS. 

or teachers elected to fill vacancies in the regular force are not to 
be counted as additional teachers. 

2. Music teachers, etc., regularly employed in more than one 
district are to be counted as teachers in each district, and each 
district is entitled to thirty dollars on account of such a teacher, 

3. Average daily attendance under Section 7600 as amended, 
in the distribution of common school funds is to be computed for 
the time during which the schools are in session during the current 
year, but in no event less than a legal school year. 

4. The interest on common school fund moneys received 
from the sale of school lands and constituting a part of the 
irreducible debt of the State is to be distributed by the State to 
the counties at the February settlement, and by the county treasurer 
to the districts at the same settlement. In case more than one 
school district is located within the territorial limits of an original 
surveyed township, Section 7600, General Code, governs the dis- 
tribution of such interest, except in parts of such districts located 
in the original surveyed township, only which are to be taken into 
consideration. In the event the territory of a school district is 
co-extensive with that of an original surveyed township, there is 
no need of applying the rule of Section 7600, because the district 
will receive all of the interest in such case. 

5. Section 7^0 requires the distribution of common school 
funds among the districts of the county, to be made at the August 
settlement, and it is applicable to the settlement to be made in 
August 1914, but the succeeding February distribution of such 
funds is to be made in accordance with the apportionment of the 
preceding August and need not await distribution until the suc- 
ceeding August. — Attorney General, Opinion No. 1086, 1914. 

If the auditor has not apportioned the school fund, the board of educa- 
tion is not authorized to treat such fund as a contingent fund, and to expend 
it according to their discretion: State, ex rel., v. Zeeb, 9 O. C. C. 13, 6 O. 
C. D. 70. 

Each apportionment is a separate transaction to be complete in itself. 
A surplus or a deficit in a former year cannot be considered in determining 
the apportionment for the year in question: Saunders v. State, ex rel., 2 O. 
C. C. 475, 1 O. C. D. 596., 

(house bill no. 343, 1915.) 

There is hereby appropriated out of any monies in the 
state treasury or that may come into the state treasury to 
the credit of the sinking fund or the common school fund ; 
and to the extent that the monies in such sinking fund or 
common school fund are not adequate to satisfy the ap- 
propriations made herein, the balances necessary to make 
up the sums herein appropriated shall be paid from any 
monies in the treasury to the credit of the general revenue 
fund not otherwise appropriated: 

For interest on the irreducible debt of the state, which 
constitutes the school, ministerial, indemnity fund, Ohio 
university and Ohio state tmiversity funds, falling due 

January ist, 191 5, and January ist, 1916, re- 
spectively $645,000.00 

For the support of the common schools to be 
paid at the rate of two dollars ($2.00) 
for each enumerated youth as provided in 
sections 7582, 7583, and 7584 of the 
General Code, for the fiscal years ending 
June 30, 1916, and June 30, 191 7, re- 
spectively $5,147,866.00 



SCHOOL FUNDS. 



157 



Section 7583. In each February settlement sheet the Apportionment 
state auditor shall enter the amount of money payable to ^^ ^^^ ^-^^^^ '" 
the county treasurer on the apportionment of interest speci- settlement, 
fied in section seventy-five hundrel and seventy-seven, 
and also enter in each February settlement sheet the amount 
of money payable to the county treasurer on account of 
interest for the preceding year on tlie common school fund, 
and designate the source or sources from which the in- 
terest accrued. With each February settlement sheet he 
shall transmit a certified statement, showing the amount 
of interest derived from the common school fund payable 
to each original surveyed township or other district of 
country within the county. (70 v. 195.) 

1. Under Section 760€, General Code, as amended 104 O. L., 
159, requiring state common school funds to be distributed among 
school districts on the basis of Thirty Dollars for each teacher 
employed, each regular member of the teaching force of the dis- 
trict, though employed for part time only, as in the case of music 
and drawing- teachers, is to be counted as a teacher. Substitute 
teachers or teachers elected to fill vacancies in the regular force 
are not to be counted as additional teachers. 

2. Music teachers, etc., regularly employed in more than one 
district are to be counted as teachers in each district, and each 
district is entitled to thirty dollars on account of such a teacher. 

3. Average daily attendance under Section 7600 as amended, 
in the distribution of common school funds is to be computed for 
the time during which the schools are in session during the cur- 
rent year, but in no event less than a legal school year. 

4. The interest on common school fund moneys received 
from the sale of school lands and constituting a part of the irre- 
ducible debt of the State is to be distributed by the State to the 
counties at the February settlement, and by the county treasurer to 
the districts at the same settlement. In case more than one school 
district is located within the territorial limits of an original sur- 
veyed township, Section 7600, General Code, governs the dis- 
tribution of such interest, except in parts of such districts located 
in the original surveyed township, only which are to be taken into 
consideration. In the event the territory of a school district is 
co-extensive with that of an original surveyed township, there is 
no need of applying the rule of Section 7600, because the district 
will receive all of the interest in such case. 

5. Section 7600 requires the distribution of common school 
funds among the districts of the county, to be made at the August 
settlement, and it is applicable to the settlement to be made in 
August 1914, but the succeeding February distribution of such 
funds is to be made in accordance with the apportionment of the . 
preceding August and need not await distribution until the suc- 
ceeding August. — Attorney General, Opinion No. 1086, 1914. 



Section 7584. The treasurer of each county, at each Funds to be 



semi-annual settlement with the auditor of state, shall re- 
tain in the county treasury, from the state taxes collected 
by him, the amount of the funds herein mentioned shown 
by the settlement sheet of the auditor of state to be payable 
to him at that time. If such amount for any county ex- 
ceeds the amount of state taxes collected therein, the audi- 
tor of state shall draw an order on the treasurer of state, in 
favor of the treasurer of such county, for the balance of 
school funds due his county, and transmit it to siich county 



retained by 

county 

tieasurer. 



158 SCHOOL FUNDS. 

treasurer, and the treasurer of the state shall pay such 
order upon its presentation to him. (70 v. 195.) 

The sureties upon the bond of a township treasurer are liable to the 
successor of such treasurer for school funds which said treasurer has failed 
to pay over to his successor, even though' the order to make such payment is 
made by the board of education in a manner not authoriz-ed by law: Cresswell 
V. Nesbitt, 16 O. S. 35. 

When county Section 7585. If parts of an original surveyed town- 

townsljr^^^^ ship or fractional township are situated in two or more 
counties, the amount of interest on common school fund 
due to such township shall be paid in the manner provided 
in the next two preceding sections to the treasurer of the 
county wherein the greatest relative portion of such town- 
ship is situated. But if it be uncertain in which county 
such portion is situated, the amount of interest due to such 
township shall be paid to the treasurer of the oldest county 
in which any part of the township is situated. (70 v. 195.) 

Hoard of edu- Sectiqn 7586. Each board of education, annually, at 

cation to fix a regular or special meeting held between the third Monday 

taxation. in April and the first Monday in June, shall fix the rate of 

taxation necessary to be levied for all school purposes, after 

the state funds are exhausted. (98 v. 9.) 

As, the tuition fund is in the nature of a trusi fund, for the 
benefit of each individual youth in the state, transfers from said 
fund, in the treasury of a school district to a building fund cannot 
be made except under provision and conditions provided for in 
Section 5655, General Code, for the purpose of reducing tax levy 
estimates at the annual meeting of the board. 

The common pleas court has power, under Sections 2296- 
2302, General Code, to permit transfers "when no injury will result 
therefrom" but in view of the peculiar nature of the tuition fund, 
such action would be a rare possibility. — Attorney General, 1912, 
p. 1206. 

This and the following sections authorize a levy made by the board cf 
education upon property in the respective school districts, if the state funds 
are insufficient: Toledo, ex rel., v. Railway, 4 O. C. C. 113, 2 O. C. D. 450. 

For a former statute, which exempted the Cincinnati school district 
from the operation of this and the following sections, see State v. Brewster, 
39 O. S. 653. 

A board of education is not liable in its corporate capacity for damages, 
where, in excavating on its own lots for the erection of a school building, it 
wrongfully and negligently carries the excavation below the statutory depth 
of nine feet, thereby undermining and injuring the foundation and walls of 
a building of an adjoining owner: Board of Education v. Volk, 72 O. S. 469. 

General Code, Sec. 3782, creating a liability against an "owner" or 
"possessor" of premises whereon such wrongful and tuilawful excavation is 
made, does not apply to boards of education holding title to the lot or land 
being excavated, for school and school building purposes: Board of Educa- 
tion V. Volk, 72 O. S. 469. 

In the absence of statutory authority, the board of education is not 
liable in its corporate capacity for an injury which results to a pupil, while 
attending a public school, although such board of education has been negligent 
in the discharge of its official duty in the erection and maintenance of a com- 
mon school building: Finch v. Board of Education, 30 O. S. 37. 

A municipal corporation is not liable for the negligence of the board of 
education in the construction and maintenance of a school building to a pupil 
attending such school, who is injured by reason of such negligence: Diehm v. 
Cincinnati, 25 O. S. 305. 

See also Sec. 7587. 

Levy to be SECTION 7587. Such Icvy shall bc divided by the 

divided into board of educatiou into four funds : First, tuition fund ; 

four funds. ,,.,,. ^ , 1 • 1 • r 1 r ^1 

second, building fund; third, contingent fund; lourtn, 
bonds, interest and sinking fund. A separate levy must 
be made for each fund. (98 v. 9.) 



SCHOOL FUNDS. 159 

"A notice, by a clerk of a board of education, of a tax voted by the 
board, to build a school house, . delivered to the auditor on the 11th day of 
June, is sufficient authority to the auditor for carrying the tax into his 
duplicate:" II Western Law Monthly, 589. 

It is a general rule that the statutes, so far as they limit a time for the 
performance of an act by a public officer, for the public benefit, are merely 
directory, when time is not the essence of the thing to be done, unless there 
are negative words, and the act is valid if done afterwards. 

Tuition from non-resident pupils is to be paid to the board of education, 
and placed in the contingent fund. A teacher has absolutely no authority to 
retain money received for tuition of non-resident pupils. Attorney General 
Opinion. 

Prior to the passage of the present school code (97 O. L. 334), a valid 
assessment for street improvement could not be levied against school property. 
Whether the division of the contingent school fund into separate funds by 
the present school code will render valid such assessments levied since the 
enactment of the school code, quaere: 15 O. D. N. P., 334; 48 O. S., 83. 

As the tuition fund is in the nature of a trust fund, for the 
benefit of each individual youth in the state, transfers from said 
fund, in the treasury of a school district to a building fund cannot 
be made except under provision and conditions provided for in 
Section 5655, General Code, for the purpose of reducing tax levy 
estimates at the annual meeting of the board. 

The common pleas court has power, under Section 2296- 
2302, General Code, to permit transfers "when no injury will result 
therefrom" but in view of. the peculiar nature of the tuition fund, 
such action would be a rare possibility. — Attorney General, 1912, 
p. 1200. 

Section 7591. Except as hereinafter provided, the Maximum 
local tax levy for all school purposes shall not exceed twelve ^^^^' 
mills on the dollar of valuation of taxable property in any 
school district, and in city school districts shall not be less 
than six mills. Such levy shall not include any special 
levy for a specified purpose, provided for by a vote of the 
people. (98 V, 127.) 

Repealed by implication: Rabe v. Canton Sch. Dist, 88 O. S. 403. 

W'hen a village board of education was authorized by electors 
under section 7592, General Code, to levy an additional tax of five 
mills for five years, such board may proceed to issue bonds without 
further authorization of the electors provided that the conditions 
of 7626 and 7679, General Code, with reference to the quality and 
nature of the bonds and the provisions of section 7629 with refer- 
ence to the amount of the bonds and the procedure of the board be 
complied with. — Attorney General, 1911-12, p. 534. 

Section _7629, General Code, still empowers the board of 
education to issue such amount of bonds without authority of the 
electors in any one year as does not exceed in the aggregate a 
tax of two mills for the year next preceding the issue. The 
limitation of the Smith law must be observed, however. — Attorney 
General, 1911-12, p. 1332. 

The decision in the case of Rabe et al. v. Board of Educa- 
tion, does not in any way effect the rights of the Board of Educa- 
tion under Section 5656, General Code. — Attorney General. Opinion 
926, 1914. 

Section .5GJ9-2, et seq., limit rate of taxation and repeal by imjilication 
existing conflicting statutes: Rabe v. Canton Sch. Dist. (B. of Ed.) 88 
O. S. 403. 

For limitations upon the tax rate, see G. C. Sec. 5649-2. 

For limitations upon the amount to be raised, by taxation, see G. C. 
Sec. 5649-3. 

Increase levy for schools at Niles, see 91 v. 451. 

If the board of education has made a lew and the county auditor has 
subsequently placed the school levy upon the duplicate, at a rate less than 
that certified by the board of education, it will be presumed that the board 
of education authorized such action; and a taxpayer, who brings suit to 
compel the auditor by mandamus to place the tax rate at that originally fixeil 



l6o SCHOOL FUNDS. 

by the board of education, must show that such board of edvication did not 
reconsider its action and fix the tax rate at the lower figure: State V. 
Capperler, 39 O. S. 455. 

An earlier form of this statute was so amended as to exclude the Cin- 
cinnati school district from its operation: State v. Brewster, 39 O. S. 653. 

Greater tax SECTION 7592. A greater or less tax than is author- 

ievfed^^ ^^'^^ above may be levied for any or all school purposes. 

Any board of education may make an additional annual 
levy of not more than five mills for any number of consecu- 
tive years not exceeding five, if the proposition to make 
such levy or levies has been submitted by the board, to a 
vote of the electors of the school district, under a resolu- 
tion prescribing the time, place and nature of the proposi- 
tion to be submitted, and approved by a majority of those 
voting on the proposition. (98 v. 127.) 

Repealed by implication: Rabe v. Canton Sch. Dist, 88 O. S. 403. 

When a village board of education was authorized by electors 
under section 7592, General Code, to levy an additional tax of 
five mills for five years, such board may proceed to issue bonds 
without further authorization of the electors provided that the 
conditions of 7626 and 7679, General Code, with reference to the 
quality and nature of the bonds and the provisions of section 7629 
with reference to the amount of the bonds and the procedure of 
the board be complied with. — Attorney General, 1911-12, p. 534. 

Section 7629, General Code, still empowers the board of 
education to issue such amount of bonds without authority of the 
electors in any one ye^r as does not exceed in the aggregate a 
tax of two mills for the year next preceding the issue. The 
Hmitation of the Smith law must be observed, however. — Attorney 
General, 1911-12, p. 1332. 

The decision in the case of Rabe et al. v. Board of Education, 
does not in any way effect the rights of the Board of Education 
under Section 5656, General Code. — Attorney General, Opinion 
Xo. 926, 1914. 

For limitations upon the tax rate, see G. C. Spc. 56J9-2. 
For limitations upon the amoi nt to be raised by taxation, see G. C. 
Sec. 5649-3. 

Notice of Section 7593. Notice of such election must be given 

election. j^^ publication of the resolution for three consecutive weeks 

prior thereto in some newspaper published and of general 
circulation in the district, or by posting copies thereof in 
five of the most conspicuous places in the district for a 
like period, if no such paper is published therein. (98 v. 

127.) 

Repealed by implication: Rabe v. Canton Sch. Dist. 88 O. S. 403. 

Amount of Section 7594. Thc amount of the levy fixed by the 

icTfified ^^ boards of education under the next eight preceding sections, 

county shall bc Certified to the county auditor, in writing, on or be- 

auditor. ^^^^ ^j^^ ^^^^ Mouday in June of each year by the boards 

of education, and on or before the first Monday in August 

of each year by the county commissioners when the levy is 

made by them, who shall assess the entire amoimt upon all 

the taxable property of the district, and enter it upon the 

tax duplicate of the comity. The county treasurer shall 

collect it at the time and in the same manner as state and 



SCHOOL FUNDS. • l6l 

county taxes are collected, and pay it to treasurer of the 
district upon the warrant of the county auditor. (102 v. 
277.) 

The fact that the auditor has not apportioned the school fund does not 
give authority to the board of education to treat such fund as contingent, 
and to expend it in accordance with its discretion: State, ex rel., v. Zeeb, 
9 O. C. C. 13. 

Each apportionment is a separate transaction, and the fact that there 
was either a surplus or deficit in preceding years, cannot change the appor- 
tionment in question: Saunders v. State, ex rel., 2 O. C. C. 475, 1 O. C. 
D. 596. 

If the levy, as fixed by the board of education, exceeds the maximum 
limit provided for in G. C. Sec. 7591, the auditor cannot be compelled to place 
such rate on the tax list by proceedings in mandamus: State, ex rel., v. 
Brewster, 9 Dec. Rep. 357, 12 Bull. 223. 

If the board of education has certified the amount of its levy under 
this section, and if the auditor subsequently enters the school levy upon the 
tax duplicate at a rate less than that certified, it will be presumed, in the 
absence of evidence to the contrary, that such action on the part of the 
auditor was authorized by the board of education; and a taxpayer, in a 
proceeding in mandamus to compel the auditor to place upon the duplicate 
the rate originally certified by the board of education, must show that such 
board has not thereafter reduced such rate: State v. Cappeller, 39. O. S. 455. 

For a former amendment excluding the school district of Cincinnati 
from the operation of this section, see State v. Brewster, 39 O. S. 653. 

Section 7595. No person shall be employed to teach salary of 
in any public school in Ohio for less than forty dollars a teachers, 
month. When a school district has not sufficient money 
to pay its teachers such salaries as are provided in section 
7595-1 of the General Code, for eight months of the year, 
after the board of education of such district has made the 
maximum legal school levy, at least two-thirds of which 
shall be for the tuition fund, then such school district may 
receive from the state treasurer sufficient money to make 
up the deficit. (106 v. 430.) 

State aid to board of education under section 7595, General 
Code, is to be granted only when the maximum legal levy is insuf- 
ficient to pay its teachers a minimum salary of $40 per month for 
eight months of the year, and then only when the number of 
persons of school age in the district is twenty times the number 
of teachers therein employed. 

Where the shortage arises without these limitations as by 
reason of inability to comply with contract to pay teachers $50 per 
month, such indebtedness is a "valid, existing and binding one" 
and if the board is unable to meet the same by reason of taxation 
limitations, bonds may be issued and the debts funded under 
authority of sections 5656, 5658 and 5659, General Code. — Attorney 
General, 1911-12. p. 529. 

When a board of education passed a resolution legal in form, 
employing certain teachers, the effect thereof would bQ to employ 
said teachers, though certain provisions of said resolution requiring 
said teachers to enter into a written contract "to make up for 
legal holidays and for the time lost in the event of epidemic" would 
be void because against the statutes and public policy of the state 
of Oh\o.~ Attorney General, 1911-12, p. 1322. 

The provision of section 7595, General Code, stipulating that 
no teacher shall be employed at less than $40.00 per month may 
be waived and a contract by a teacher for service for a less sum 
would be legal. — Attorney General, 1911-12, p. 549. 

It is the intent of Sections 7644 and 7695, General Code, that 
a board of education shall maintain a school session of not less 
than thirty-two weeks in each year as a condition precedent to 
obtaining State Aid. 

It is not the intent to demand the impossible, however, and 
when, through destruction of the school building by fire, com- 

11 S. I.. 



l62 SCHOOL FUNDS. 

pliance is absolutely prevented, failure to maintain an eight months' 
session will not preclude the right to State Aid. — Attorney General, 

1912, p. 120. 

Since repeals by implication are not admitted unless the latter 
act is clearly inconsistent with the former, and since both con- 
stitutional and legislative provision is made for "thorough and 
efficient schools," the State Aid law for weak school districts has 
not been repealed by the Smith Law, and the Auditor is still 
authorized under the proper circumstances to issue his warrant 
for State Aid as provided in Section 7959, General Code. 

Such warrant shall only be issued when the maximum levy 
for school board purposes, (three-fourths of which has been made 
for tuition purposes) is insufficient to enable the Board to pay $40 
per month for its teachers for eight months of the year. 

The "maximum levy" provided for in the State Aid law which 
was formerly restricted by the twelve mill limitation, is now, by 
reason of the Smith Law, subject to the four limitations provided 
for therein. It therefore, follows that what the Budget Commis- 
sion determines to be the "maximum legal school levy for the dis- 
trict" shall be the maximum levy for the purpose of the State 
Aid Law. 

When, therefore, the Board has properly certified a sufficient 
sum to the Auditor to provide sufficiently for payment of its 
teachers, and the Budget Commission has reduced the allowance 
to such an extent that teachers cannot be paid $40 per month for 
eight months in the year under the restrictions of Section 7959, 
General Code, and three-fourths of such allowance is made for 
tuition purposes, the State Auditor may issue his State Aid War- 
rant. — Attorney General, 1912, p. 89. 

Under the weak school district law the proceeds of the August 
distribution are intended by the law to be used to operate the 
school for the succeeding half year, and are not available for the 
use and purpose of the year closing on the 31st of the same 
month. Such proceeds should not be taken into consideration in 
determining the existence or amount of a deficiency in the tuition 
fund when the amount therein available for payment of teachers' 
salaries during the year ending on August 31st is compared with 
the needs of the fund for the same period of time under the 
requirements of Section 7595, General Code. — Attorney General, 

1913, p. 365. 

A weak school district may not only receive enough money 
in the way of state aid to pay its required number of teachers 
$40.00 per month for eight months, but it may also pay teachers 
for attending institutes and also the tuition of high school pupils 
and the tuition of other pupils, if the same has been paid from the 
tuition fund and not from the contingent fund. — Attorney General, 
1913, p. 309. 

Minimum salary provision in statute is for benefit of teachers and may 
be waived: Layne v. Bd. of Ed., 83 O. S. 474 (57 Bull. 237). 

School dis- Section 7595-1. Only such school districts which pay 

tricts eligible salaries as follows shall l3e eligible to receive state aid : 
Elementary teachers without previous teaching experience 
in the state, forty dollars a month ; elementary teachers 
having at least one year's professional training, forty-five 
dollars a month ; elementary teachers who have completed 
the full two years' course in any normal school, teachers' 
college or university approved by the superintendent of 
public instruction, fifty-five dollars per month ; high school 
teachers not to exceed an average of seventy dollars per 
month in each high school. (106 v. 430.) 



SCHOOL FUNDS. 1 6^ 

Section 7596. Whenever any board of education finds state aid for 
that it will have such a deficit for the current school year, weak school 

cl 1 st ricts 

such board shall on the first day of October, or any time 
prior to the first day of January of said year, make affi- 
davit to the county auditor, who shall send a certified state- 
ment of the facts to the state auditor. The state auditor 
shall issue a voucher on the state treasurer in favor of 
the treasurer of such school district for the amount of 
such deficit in the tuition fund. (103 v. 267.) 

State aid to board of education under section 7595, General 
Code, is to be granted only when the maximum legal levy is insuf- 
ficient to pay its teachers a minimum salary of $40 per month for 
eight months of the year, and then only when the numbers of 
persons of school age age in the district is twenty times the number 
of teachers therein employed. 

Where the shortage arises without these limitations as by 
reason of inability to comply with contract to pay teachers $50 
per month, such indebtedness is a "valid, existing and binding one" 
and if the board is unable to meet the same by reason of taxation 
limitations, bonds may be issued and the debts funded under 
authority of sections 5656, 5658 and 5659, General'Code. — Attorney 
General 1911-12, p. 529. 

Since repeals by implication are not admitted unless the latter 
act is clearly inconsistent with the former, and since both constitu- 
tional and legislative provision is made for "thorough and efficient 
schools," the State Aid Law for weak school districts has not 
been repealed by the Smith Law, and the Auditor is still authorized 
under the proper circumstances to issue his warrant for State Aid 
as provided in Section 7959, General Code. 

Such warrant shall only be issued when the maximum levy 
for school board purposes, (three-fourths of which has been made 
for tuition purposes) is insufficient to enable the Board to pay $40 
per month for its teachers for eight months of the year. 

The "maximum levy" provided for in the State Aid Law 
which was formerly restricted by the twelve mill limitation, is 
now, by reason of the Smith Law, subject to the four limitations 
provided for therein. It therefore, follows that what the Budget 
Commission determines to be the "maximum legal school levy for 
district" shall be the maximum levy for the purpose of the State 
Aid Law. 

When, therefore, the Board has properly certified a sufficient 
sum to the Auditor to provide sufficiently for payment of its 
teachers, and the Budget Commission has reduced the allowance 
to such an extent that teachers cannot be paid $40 per month for 
eight months in the year under the restrictions of Section 7959, 
General Code, and three-fourths of such allowance is made for 
tuition purposes, the State Auditor may issue his State Aid War- 
rant. — Attorney General, 1912, p. 89. 

The maximum levy necessary to qualify a school district to 
receive State Aid is any estimate of amount ^ of which are for 
tuition purposes made by the board of education to the County 
Auditor as representing the total amount necessary for all school 
purposes for the coming year, regardless of reductions made by 
the Budget Commission providing such reductions are made so 
as to preserve undisturbed the ^ proportion for tuition purposes. 
If a board of education fails to estimate an amount sufficiently 
large to pay its teachers forty dollars per month, it is not entitled 
to State Aid. This rule must be qualified, however, to the extent 
that a board is not disqualified by reason of a mere shrinkage in 
tax collections. 

The statement, therefore, of a former opinion to the effect 
that a board of education whose estimate had been reduced by the 
Budget Commission, would be entitled to State Aid to the extent- 



164 SCHOOL FUNDS. 

of a difference between the amount allowed by the Budget Com- 
mission, and the amount estimated must be overruled. — Attorney 
General, 1912, p. 108. 

The auditor of state may legally pay upon application dated 
after the amendment to section 7596, General Code, became a law, 
the amounts asked for by boards of education, to make good 
deficiencies in tuition funds for the past year. 

The voucher of the auditor of state, under amended section 
759G, must be issued upon the fact and information disclosed by 
the county auditor's certificate to him for the amount of antici- 
pated deficiency in the tuition fund of a school district for the 
current year. As soon as the auditor ascertains the amount of 
such deficiency, he shall issue his voucher for the amount. — At- 
torney General, 1913, p. 340. 

Under the weak school district law the proceeds of the August 
distribution are intended by the law to be used to operate the 
school for the succeeding half year, and are not available for the 
use and purpose of the year closing on the 31st of the same month. 
Such proceeds should not be taken into consideration in determin- 
ing the existence or amount of a deficiency in the tuition fund 
when the amount therein available for payment of teachers' salaries 
during the year ending on Aug;ust 31st is compared with the needs 
of the fund for the same period of time under the requirements 
of Section 7595, General Code. — Attorney General, 1913, p. 365. 

1. Tie funds appropriated in House Bill 104 O. L., 196, 
are not available to pay application for state aid intended to make 
up deficiency in the tuition fund shown on September 1, 1913, 
for the year preceding, unless such deficiency existing on said 
date might lawfully be carried over into the current year then 
beginning so as to produce a deficiency for that year. 

2. The funds so appropriated are available to pay state 
aid on application for advances on estimated deficiencies for the 
year ending August 31, 1914, providing the application was made 
within the time specified in Section 7596, General Code. — At- 
torney General, Opinion No. 885, April 24, 1914. 

Number of SECTION 7597- No district shall be entitled to state aid 

schoo^ age re- as provided in sections 7595, 7595-1 and 7596 unless the 
title district to number of persons of school age in such district is at least 
state aid. twcnty times the number of teachers employed therein, 

and the schools in such district are maintained at least eight 

months of the year. (104 v. 165.) 

State aid to board of education under section 7595, General 
Code, is to be granted only when the maximum legal levy is 
insufficient to pay its teachers a minimum salary of $40 per month 
for eight months of the year, and then only when the numbers 
of persons of school age in the district is twenty times the number 
of teachers therein employed. 

Where the shortage arises without these limitations as by 
reason of inability to comply with contract to pay teachers $50 
per month, such indebtedness is a "valid, existing and binding 
one" and if the board is unable to meet the same by reason of 
taxation limitations, bonds may be issued and the debts funded 
under authority of sections 5656, 5658 and 5659, General Code. — 
Attorney General, 1911-12, p. 529. 

When district SECTION 7598. When a school district is composed of 

situated in territory in two or more counties, the rate of taxation 

two or more , ,, , -^ -11 11 1 r 1 ,• r 1 i- 

counties. shall be ascertamed by the board of education of such dis- 

trict and be certified to the auditors of the several counties, 
who must place it on the tax duplicate. It shall be collected 
as provided in section seventy-five hundred and ninety- 
four. (97 V. 350.) 



SCHOOL FUNDS. 



165 



taken. 



Section 7599. The funds belonging to a district com- to whom 
posed of territory in more than one county shall be paid by ^""^^^ p^'^- 
the treasurers of the other counties to the treasurer of the 
county having the greatest tax valuation in such district. 
The auditors of other counties must make settlement on ac- 
count of such funds with the auditor of the county having 
the greatest tax valuation ; and the treasurer of the district 
shall make the settlement with such auditor, required by 
section seventy-six hundred and two. (97 v. 350.) 

Section 7600. After each annual settlement with the 
county treasurer, each county auditor shall immediately 
apportion school funds for his county. The state common 
school funds shall be apportioned as follows : 

Each school district within the county shall receive Apportionment 
thirty dollars for each teacher employed in such district, of school 
and the balance of such funds shall be apportioned among county ^ 
the various school districts according to the average daily auditor, 
attendance of pupils in the schools of such districts. If 
an enumeration of the youth of any district has not been 
taken and returned for any year and the average daily at- 
tendance of such district has not been certified to the county 
auditor such district shall not be entitled to receive any District not 
portion of that fund. The local school tax collected from f"ndl^^if^°enu- 
the several districts shall be paid to the districts from which meration not 
it was collected. Money received from the state on account 
of interest on the common school fund shall be apportioned 
to the school districts and parts of districts within the ter- 
ritory designated by the auditor of state as entitled thereto 
on the basis of thirty dollars for each teacher employed and 
the balance according to the average daily attendance. 
All other money in, the county treasury for the support of 
common schools and not otherwise appropriated by law, 
shall be apportioned annually in the same manner as the 
state common school fund. (104 v. 158.) 

As the tuition fund is in the nature of a trust fund, for the 
benefit of each individual youth in the state, transfers from said 
fund, in the treasury of a school district to a building fund can- 
not be made except under provision and conditions provided for 
in Section 5655, General Code, for the purpose of reducing tax 
levy estimates at the annual meeting of the board. 

The common pleas court has powers, under Sections 2296- 
230'2, General Code, to permit transfers "when no injury will 
result therefrom" but in view of the peculiar nature of the tuition 
fund, such action would be a rare possibility. — Attorney General, 
1912, p. 1206. 

1. Under Section 7600, General Code, as amended 104 O. L., 
159, requiring state common school funds to be distributed among 
school districts on the basis of thirty dollars for each teacher 
employed, each regular member of the teaching force of the dis- 
trict, though employed for part time only, as in the case of music 
and drawing teachers, is to be counted as a teacher. Substitute 
teachers or teachers elected to fill vacancies in the regular force 
are not to be counted as additional teachers. 

2. Music teachers, etc., regularly employed in more than one 
district are to be counted as teachers in each district, and each 
district is entitled to thirty dollars on account of such a teacher. 



1 66 SCHOOL FUNDS. 

3. Average daily attendance under Section 7600 as amended, 
in the distribution of common school funds is to be computed for 
the time during which the schools are in session during the cur- 
rent year, but in no event less than a legal school year. 

4. The interest on common school fund moneys received 
from the sale of school lands and constituting a part of the irre- 
ducible debt of the State is to be distributed by the State to the 
counties at the February settlement, and by the county treasurer 
to the districts at the same settlement. In case more than one 
school district is located within the territorial limits of an original 
surveyed township, Section 7600, General Code, governs the dis- 
tribution of such interest, except in parts of such districts located 
in the original surveyed township, only which are to be taken into 
consideration. In the event the territory of a school district is 
co-extensive with that of an original surveyed township, there is 
no need of applying the rule of Section 7600, because the district 
will receive all of the interest in such case. 

5. Section 7600 requires the distirbution of common school 
funds among the districts of the county, to be made at the August 
settlement, and it is applicable to the settlement to be made in 
August 1914, but the succeeding February distribution of such 
funds is to be made in accordance with the apportionment of the 
preceding August and need not await distribution until the suc- 
ceeding August. — Attorney Geneeral, Opinion No. 1086, 1914. 

It is the duty of county auditors to obtain from the dis- 
tribution of school funds the amounts set apart under Section 
4744-3, General Code, for the use of the county board of education 
fund, regardless of the fact that such retention was not taken into 
account by the rural boards of education in making their 1913 
tax levies. Such retention is to be made out of all the moneys 
to be distributed to the several districts including the proceeds 
of local levies, as well as the amount to be apportioned to the 
district as its portion of the State School Fund, and is not to be 
charged against any one particular fund or levy. 

The county auditor cannot make any valid settlement, except 
on the basis of the certificate required to be made by the county 
board of education by Section 4744-2, General Code, respecting 
the number of teachers employed by the various school districts 
under its jurisdiction, etc. If the county board fails to make 
proper certification until after the usual period of settlement and 
the settlement is made, the error should be corrected under Sec- 
tion 2597, General Code, in the next succeeding semi-annual 
settlement, and in the meantime the county board of education 
fund must get along without the moneys belonging to it, and the 
county and district superintendents must serve on one-half pay 
until the next settlement time, when the arrearages in their re- 
spective salaries will be made up. — Attorney General, Opinion 
No. 1198, 1914. 

Distirbution of escheated personal property to schools of a 
county, collected under Section 8579, General Code, is to be made 
as provided for the state common school fund under Section 7600, 
General Code, as said section stands, when the money is paid into 
the county treasury. 

Money received from escheated personal property should be 
credited to the contingent fund of the school district, when re- 
ceived, under Section 7603, General Code. — Attorney General, 
Opinion No. 48, 1915. 

• The amounts retained by the county auditor under Section 
4744-3, General Code, for the purpose of paying part of the salaries 
of the county superintendent of schools and the district superin- 
tendents should be charged against the apportionment of the state 
common school fund, and against the tuition fund of the district. 
— Attorney General, Opinion No. 168, March 26, 1915. 



SCHOOL FUNDS. 167 

Section 2602. The auditor shall open an account with Accounts with 
each township, city, village, and special school district in J-^Ye^^^j^^ffa es 
the county, in which, immediately after his semi-annual and special 
settlement with the treasurer in February and August of ^^^001 district, 
each year, he shall credit each with the net amount so col- 
lected for its use. 

On application of the township, city, village, or school 
treasurer the auditor shall give him a warrant on the 
county treasurer, for the amount then due to such treasurer, 
and charge him with the amount of the warrant but the 
person so applying for such warrant shall deposit with the 
auditor a certificate from the clerk of the township, city, 
village, or district, stating that he is treasurer thereof, 
was duly elected or appointed, and that he has given bond 
according to law. (56 v. 128.) 

There is no statutory inhibition against an individual holding^ 
both the offices of township treasurer and municipal treasurer, ana 
as the offices are not incompatible in their nature, there are no 
legal objections thereto. — Attorney General, 1911-12, p. 1461. 

Section 2605. I^ the county auditor fails to make Penalty for 
either of the returns required by the preceding section for "^sriect. 
ten days after the time therein limited, he shall forfeit to 
the state the sum of fifty dollars, to be recovered by civil 
action. On being informed of such default by the auditor 
of state, the prosecuting attorney of the county shall collect 
such forfeiture and pay it into the state treasury to the 
credit of the school fund. (66 v. 26.) 

Section 2689. Immediately after each semi-annual Payments to 
settlement with the county auditor, on demand, and pres- ur^efs.*'^^*^ 
entation of the warrant of the county auditor therefor, the 
county treasurer shall pay to the township treasurer, city 
treasurer, or other proper officer thereof, all moneys in the 
county teasury belonging to such township, city, village, or 
school district. (86 v. 168.) 

A township treasurer is allowed as compensation, two per 
cent, on all money paid out by him under the order of the town- 
"ship trustees. Moneys paid out by that official in his capacity as 
treasurer of the township park funds, are excluded from this 
provision by reason of the fact that they are paid out upon the 
order of the park commissioners. As there are no other legal 
authorizations for compensation to the treasurer for these services, 
the services are intended to be voluntary and no reimbursement 
can be allowed for the same. 

The township park law, however, providing' for park com- 
missioners, is unconstitutional. — Attorney General, 1911-12, p. 403. 



county treas- 



Section 2690. If a township treasurer or other proper Money may 
officer so requires, or the trustees of a township, the council remain in 
of a city, village, or the board of education of a school dis- ury. 
trict, respectively, so direct, such moneys shall remain in the 
county treasury, to be drawn by the proper treasurer on the 
warrant of the county auditor, in sums of not less than 
one hundred dollars. (86 v. 168.) 



i68 



SCHOOL FUNDS. 



Moneys shall 
not be held 
without au- 
thority. 



Advance pay- 
ments to local 
authorities. 



Moneys to be 
forwarded to 
state treasurer. 



Distribution 
of money 
after appor- 
tionment. 



Apportionment 
when county 
line divides 
original sur- 
veyed town- 
ship. 



Section 2691. If a county treasurer retains, or if 
such local treasurer permits such moneys to remain in the 
county treasury, in any manner other than herein provided, 
he shall forfeit and pay for such offense not less than one 
hundred nor more than one thousand dollars, to be re- 
covered in an action at the suit of the state, for the use 
of the county. (86 v. 168.) 

Section 2692. When the local authorities so request, 
the county auditor may draw, and the county treasurer shall 
pay on such draft to township, city and village treasurers, 
and the treasurer of any board of education, from June 
twentieth and December twentieth to the date of the semi- 
annual distribution, each year, any sum not eceeding two- 
thirds of the current collection of taxes for such local 
authorities, respectively, in advance of the semi-annual set- 
tlements. (97 V. 378.) 

Sec. 2692 of the General Code makes it mandatory upon the 
county auditor to draw the draft therein provided for when 
porperly requested by the proper local authority. — Attorney 
General, 1912, p. 1734. 

Section 2693. The county treasurer shall remit to 
the treasurer of state, all moneys received for section six- 
teen and section twenty-nine, as soon after they are re- 
ceived as practicable, and in no case later than the end of 
the fiscal quarter in which received. He shall immediately 
forward one of the receipts returned therefor to the auditor 
of state. (44 V. 120.) 

Section 7601. Immediately after such apportionment 
is made, the auditor must enter it in a book to be kept for 
that purpose, and furnish a certified copy of the apportion- 
ment to each school treasurer and clerk in his county. He 
shall give to each of such treasurers an order on the county 
treasurer for the amount of money payable to him, and take 
his receipt therefor. (70 v. 195.) 

Boards of education can leave school moneys in county treasury and 
draw the same from time to time in amounts of not less than one hundred 
dollars; see Sec. 2690. 

County auditors shall in no case permit treasurer to have in his hands 
school funds amounting to more than the amount of his bond; see Sec. 4769. 

The amounts retained by the county auditor under Sec. 
4744-3, General Code, for the purpose of paying part of the 
salaries of the county superintendent of schools and the district 
superintendents should be charged against the apportionment of 
the state common school fund, and against the tuition fund of 
the district. — Attorney General, Opinion No. 168, March 26, 1915. 

Failure of the auditor to enter an apportionment does not render the 
school funds contingent funds, to be expended at the discretion of the board: 
State, ex rel., v. Zeeb, 9 O. C. C. 13, 6 O. C. D. 70. 

Section 7602. When an original surveyed township 
of fractional township is situated in two or more counties, 
and the land granted thereto by congress for the support 
of public schools has been sold, the auditor of the county 
to whose treasurer the interest on the proceeds of such sale 



SCHOOL FUNDS. 169 

is paid must apportion such interest to the counties in 
which such township is situated in proportion to the youth 
of the township enumerated in each. Such auditor shall 
certify to the auditor of each of the other counties the 
amount so ascertained to belong to the part of the town- 
ship situated in his county, and transmit to the treasurer 
of each of such counties an order on the treasurer of his 
own county for such amount. The auditor of each county 
shall apportion the amount of such interest belonging to 
the part of the township in his county, to the districts or 
parts or districts entitled thereto as is provided for the 
apportionment of the state common school funds in section 
7600, and certify and pay it to the proper school officers, 
as provided in section 7601. (104 v. 158.) 

Section 7603. The certificate of apportionment fur- certificate of 
nished by the county a.uditor to the treasurer and clerk of apportionment. 
each school district must exhibit the amount of money re- 
ceived by each district from the state, the amount received 
from any special tax levy made for a particular purpose, 
and the amount received from local taxation of a general 
nature. The amount received from the state common 
school fund and the common school fund shall be desig- 
nated the ''tuition fund" and be appropriated only for the 
payment of superintendents and teachers. Funds received 
from special levies must be designated in accordance with 
the purpose for which the special levy was made and be 
paid out only for such purpose, except that, when a balance 
remains in such fund after all expenses incident to the pur- 
pose for which it was raised have been paid, such balance 
will become a part of the contingent fund and the board of 
education shall make such transfer by resolution. Funds 
received from the local levy for general purposes must be 
designated so as to correspond to the particular purpose for 
which the levy was made. Moneys coming from sources 
not enumerated herein shall be placed in the contingent 
fund. (97 V. 350.) 

As the twition fund is in the nature of a trust fund, for 
the benefit of each individual youth in the state, transfers from 
said fund, in the treasury of a school district to a building fund 
cannot be made except under the provision and conditioos pro- 
vided for in Section 5655, General Code, for the purpose of 
reducing tax levy estimates at the annual meeting of the board. 

The common pleas court has powers, under Sections 2296- 
2302, General Code, to permit transfers "when no injury will 
result therefrom" but in view of the peculiar nature of the tuition 
fund, such action would be a rare possibility. — Attorney General, 
1912, p. 1206. 

A board of education may not provide that the superintendent 
of schools shall receive, in addition to a stated salary, all funds 
received for tuition of non-resident pupils, for the reason that 
such payment would not be a "fixed" salary as intended by Section 
7690, General Code. 

Furthermore, such would be in contravention to Section 7603, 
General Code, which provides special distribution for the respective 
funds under the control of the board. — Attorney General, 1912, 
p. 491. 



170 



SCHOOL FUNDS. 



Deposit 
of school 
funds; 
limitation. 



The amounts retained by the county auditor under Sec. 4744-3, 
General Code, for the purpose of paying part of the salaries of 
the county superintendent of schools and the district superin-. 
tendents should be charged against the apportionment of the state 
common school fund, and against the tuition fund of the district 
— Attorney General, Opinion No. 168, March 26, 1915. 

Failure of the auditor to make the apportionment, does not render the 
funds contingent, to be expended at the discretion of the board of education: 
State, ex rel., v. Zeeb, 9 O. C. C. 13, 6 O. C. D. 70. 

Each apportionment is a separate transaction; and a deficit or surplus 
in one year does not justify and require a change in the apportionment for 
another year: Saunders v. State, 2 O. C. C. 475, 1 O. C. D. 596. 

Section 7604. That within thirty days after the first 
Monday of January, 1916, and every two years thereafter, 
the board of education of any school district by resolu- 
tion shall provide for the deposit of any or all moneys com- 
ing into the hands of its treasurer. But no bank shall re- 
ceive a deposit larger than the amount of its paid in 
capital stock, and in no event to exceed three hundred 
thousand dollars. (106 v. 328.) 

The treasurer of a school district who deposits money in a 
bank other than in conformity to the provisions of the depository 
law, together with the sureties upon his bond, is responsible for 
losses sustained by failure of the bank. Mere knowledge by the 
board of ^education of such deposit does not relieve the treasurer 
and his sureties of liability. — Attorney General, Opinion No. 52, 
Feb. 2, 1915. 

The duty of the board of education to deposit the money of 
the school district on competitive bidding is such an obligation of 
public interest and right as to permit an individual taxpayer to 
maintain a mandamus suit for its compulsion. — Attorney General, 
1911-12, p. 372. 

Section 7604 of the General Code makes it mandatory upon 
the board of education of a school district to establish a depository 
and when it fails so to do legal proceedings may invoke to compel 
the same. 

When such depository has not been established, however, 
money may be paid to the treasurer of such school district in 
accordance with the procedure set out in Sections 4764, 4768 and 
4769 of the General Code. — Attorney General, 1912, p. 329. 

There is only one limitation in the Smith law upon levies 
for "specific purposes" such as one for library purposes, and that 
is found in section 5649-3, which provides that the rate for such 
purpose shall not exceed such rate as when levied upon all property 
of the district in 1911 would not exceed the amount which might 
have been levied for such purpose in 1910. 

By the second paragraph of section 5649-3 this limitation may 
be exceeded, if for another purpose a less amount is levied than 
was levied for such other purpose in 1910. — Attorney General, 
1912, p. 1192. 

Inasmuch as it is mandatory upon the board of education to 
place the deposits in a bank offering the highest rate of interest 
for the same, members of the board who are stockholders in, or 
officers of the bank making the best bid, are not criminally liable 
for making such bank the depository. — Attorney General, 1912, 
p. 1246. 

The deposit of a board of education of a village district 
wherein there is no bank, is governed by section 7607, General 
Code, which provides for a contract by the board with a con- 
veniently located bank offering the highest interest. Such a con- 
tract is within section 4757, General Code, and when made by 
the board, with a bank whereof a member of the board is both 
a stockholder and a director, it is therefore void. — Attorney 
General, 1912, p. 254. 



SCHOOL FUNDS. I7T 

Section 2295, General Code, provides that all moneys from 
both principal and premiums on the sale of bonds (by a board 
of education) shall be credited to the fund on account of which 
the bonds are issued and sold. Such premiums and accrued in- 
terest must be applied to the fund created by the sale of bonds and 
not to the sinking fund. 

Section 7603, General Code, provides that "moneys coming 
from sources not enumerated herein shall be placed in the con- 
tingent fund." This is the only section in any way bearing upon 
the distribution of an unexpended surplus in a fund raised by a 
bond issued by a board of education, and therefore, under the 
technical construction of the statute, such unexpended surplus 
must be paid into the contingent fund. Such a procedure, how- 
ever, is in conflict with sound business principles and with the pro- 
cedure outlined by the statutes, with reference to the disposition 
of such funds in other taxable districts, and the better course 
would be to credit such surplus to the sinking fund, for the pur- 
pose of devoting the same to the reduction of the bonded in- 
debtedness upon the theory that specific provision therefor has 
been mistakenly omitted from the statutes. — Attorney General, 
1913, p. 1473. 

The board of commissioners of the sinking fund of a school district 
appointed under G. C. Sec. 7614, is entitled to the management and control 
of said fund for the payment of debts and investment of the surphis without 
dictation, but is not entitled to the custody or possession thereof: State, ex 
rel., V. Board of Educatien, 3 O. N. P. (N. S.) 401, 16 O. D. (N. P.) 886. 

Under G. C. Sections 4768, 7616, and 7617, orders drawn on the sinking 
funds of a school district must be drawn by the president and clerk of the 
board of education in favor of the person entitled thereto upon requisition 
made upon them by the board of education therefor: State, ex rel., v. Board 
of Education, 3 O. N. P. (N. S.) 401. 

The term "capital stock" used in this section _ means "capital"; and 
accordingly a partnership bank, as well as one which is incorporated, may be 
selected as a depository for such funds: State, ex rel., v. Board of Education, 
15 O. D. (N. P.) 720. 

Section 7605. In school districts containing two or Deposit when 
more banks such deposit shall be made in the bank or taLy'^two^or 
banks, situated therein, that at competitive bidding offer JJJJJ"! banks; 
the righest rate of interest which must be at least two depository, 
per cent for the full time funds or any part thereof are 
on deposit. Such bank or banks shall give a good and 
sufficient bond, or shall deposit bonds of the United States, 
the state of Ohio or county, municipal, township or school 
bonds issued by the authority of the state of Ohio, at the 
option of the board of education, in a sum not less than the 
amount deposited. The treasurer of the school district 
must see that a greater sum than that contained in the 
bond is not deposited in such bank or banks and he and 
his bondsmen shall be liable for any loss occasioned by 
deposits in excess of such bond. But no contract for the 
deposit of school funds shall be made for a longer period 
than two years. (106 v. 328.) 

The duty of the board of education to deposit the money 
of the school district on competitive bidding is such an obligation 
of public interest and right as to permit an individual taxpayer to 
maintain a mandamus suit for its compulsion. — Attorney General, 
1911-12, p. 372. 

Section 2295, General Code, provides that all moneys from 
both principal and premiums on the sale of bonds (by a board 
of education) shall be credited to the fund on account of which 
the bonds are issued and sold. Such premiums and accrued in- 
terest must be applied to the fund created by the sale of bonds 
and not to the sinking fund. 



172 SCHOOL FUNDS. 

Section 7603, General Code, provides that "moneys coming 
from sources not enumerated herein shall be placed in the con- 
tingent fund." This is the only section in any way bearing upon 
the distribution of an unexpended surplus in a fund raised by a 
bond _ issued by a board of education, and therefore, under the 
technical construction of the statute, such unexpended surplus 
must be paid into the contingent fund. Such a procedure, how- 
ever, is in conflict with sound business principles and with the 
procedure outlined by the statutes, with reference to the disposition 
of such funds in other taxable districts, and the better course 
would be to credit such surplus to the sinking fund, for the pur- 
pose of devoting the same to the reduction of the bonded in- 
debtedness upon the^ theory that specific provision therefor has 
been mistakenly omitted from the statutes. — Attorney General, 
1913, p. 1473. 

The purpose of G. C. Sections 7604 to 7609 is to obtain a revenue from 
the idle funds of the school board. Accordingly the provision that the 
depository shall give "a good and sufficient bond of some approved guaranty 
company" is incidental merely and shows an intention to require a good, 
sufficient and valid bond, and nothing more: State, ex rel., v. Rehfuss, 7 O. 
C. C. (N. S.) 179, 19 O. C. D. 62. 

The board of education has discretion to keep its funds in the hands 
of its treasury, or to place them on deposit in a bank; but when it is 
determined upon the policy of placing its funds on deposit with a bank, and 
has advertised to receive bids, the statute becomes mandatory in that the 
deposits must be made with a bank which, at competitive bidding, offers the 
highest rate of interest: State, ex rel., v. Board of Education, 15 O. D. (N. 
S.) 720. 

Bidi. Section 7606. The board shall determine in such 

resolution the method by which bids shall be received, the 
authority which is to receive them, the time for which such 
deposits shall be made and all details for carrying into 
effect the authority herein given. All proceedings in con- 
nection with such competitive bidding and deposits of 
moneys must be so conducted as to insure full publicity and 
shall be open at all time to public inspection. If in the 
opinion of a board of education there has been any col- 
lusion between the bidders, it may reject any or all bids and 
arrange for the deposit of funds in a bank or banks with- 
out the district as hereinafter provided for in districts not 
having two or more banks located therein. (97 v. 351.) 

Section 2295, General Code, provides that all moneys from 
both principal and premiums on the sale of bonds (by a board 
of education) shall be credited to the fund on account of which 
the bonds are issued and sold. Such premiums and accrued in- 
terest must be applied to the fund created by the sale of bonds 
and not to the sinking fund. 

Section 7603, General Code, provides that "moneys coming 
from sources not enumerated herein shall be placed in the con- 
tingent fund." This is the only section in any way bearing upon 
the distirbution of an unexpended surplus in a fund raised by a 
bond issued by a board of education, and therefore, under the 
technical construction of the statute, such unexpended surplus 
must be paid into the contingent fund. Such a procedure, how- 
ever, is in conflict with sound business principles and with the 
procedure outlined by the statutes, with reference to the disposi- 
tion of such funds in other taxable districts, and the better course 
would be to credit such surplus to the sinking fund, for the pur- 
pose of devoting the same to the reduction of the bonded indebted- 
ness upon the theory that specific provision therefor has been mis- 
takenly omitted from the statutes. — Attorney General, 1913, p. 1473. 



SCHOOL FUNDS. IJ^ 

Section 7607. In all school districts containing less Districts con- 
than two banks, after the adoption of a resolution providing 5ha"n"fwi^^^ 
for the deposit of its funds, the board of education niay banks. 
enter into a contract with one or more banks that are con- 
veniently located and offer the highest rate of interest, 
which shall not be less than two percent for the full time 
the funds or any part thereof are on deposit. Such barik 
or banks shall give good and sufficient bond or shall deposit 
bonds of United States, the state of Ohio, or county, mu- 
nicipal, township or school bonds issued by the authority 
of the state of Ohio at the option of the board of education 
in a sum at least equal to the amount deposited. The treas- 
urer of the school district must see that a greater sum than 
that contained in the bond is not deposited in such bank or 
banks, and he and his bondsmen shall be liable for any loss 
occasioned by deposits in excess of such bond. (lOi v. 
290.) 

This section is constitutional: State, ex re!., v. Rehfuss, 7 O. C. C. 
(N. S.) 179, 19 O. C. D. 62. 

The duty of the board of education to deposit the money 
of the school district on competitive bidding is such an obligation 
of public interest and right as to permit an individual taxpayer to 
maintain a mandamus suit for its compulsion. — Attorney General, 
1911-12, p. 372. 

Section 2295, General Code, provides that all moneys from 
both principal and premiums on the sale of bonds (by a board of 
education) shall be credited to the fund on account of which the 
bonds are issued and sold. Such premiums and accrued interest 
must be applied to the fund created by the sale of bonds and not 
to the sinking fund. 

Section 7603, General Code, provides that "moneys coming 
from sources not enumerated herein shall be placed in the con- 
tingent fund." This is the only section in any way bearing upon 
the distribution of an unexpended surplus in a fund raised by a 
bond issued by a board of education, and therefore, under the 
technical construction of the statute, such unexpended surplus must 
be paid into the contingent fimd. Such a procedure, however, is 
in conflict with sound business principles and with the procedure 
outlined by the statutes, with reference to the disposition of such 
funds in other taxable districts, and the better course would be 
to credit such surplus to the sinking fund, for the purpose of 
devoting the same to the reduction of the bonded indebtedness 
upon the theory that specific provision therefor has been mis- 
takenlv omitted from the statutes. — Attorney General, 1913, p. 
1473. 

The treasurer of a school district who deposits money in a 
bank other than in conformity to the provisions of the depository 
law, together with the sureties upon his bond, is responsible for 
losses sustained by failure of the bank. Mere knowledge by the 
board of education of such deposit does not relieve the treasurer <• 

and his sureties of liability. — Attorney General, Opinion No. 52, 
Feb. 2, 1915. 

Section 7608. The resolution and contract in the vvhat resoiu- 
net four precedinxg sections provided for, shall set forth jjo" ^° "=o"- 
fully all details necessary to carry into effect the authority 
therein given. All proceeding connected with the adoption 
of such resolution and the making of such contract must be 
conducted in such a manner as to insure full publicity and 
s!:all be open at all times to public inspection. (97 v. 351.) 



174 SCHOOL FUNDS. 

Section 2295, General Code, provides that all moneys from 
both principal and premiums on the sale of bonds (by a board 
of education) shall be credited to the fund on account of which 
the bonds are issued and sold. Such premiums and accrued in- 
terest must be applied to the fund created by the sale of bonds 
and not to the sinking fund. 

Section 7603, General Code, provides that "moneys coming 
from sources not enumerated herein shall be placed in the con- 
tingent fund." This is the only section in any way bearing upon 
the distribution of an unexpended surplus in a fund raised by a 
bond issued by a board of education, and therefore, under the 
technical construction of the statute, such unexpended surplus 
must be paid into the contingent fund. Such a procedure, how- 
ever, is in conflict with sound business principles and with the 
procedure outlined by the statutes, with reference to the disposition 
of such funds in other taxable districts, and the better course 
would be to credit such surplus to the sinking fund, for the purpose 
of devoting the same to the reduction of the bonded indebtedness 
upon the theory that specific provision therefor has been mis- 
takenly omitted from the statutes. — Attorney General, 1913, o. 
1473. 

This section is constitutional: State, ex rel., v. Rehfuss, 7 O. C. C 
(N. S.) 179, 19 O. C. D. 62. 

Liability of Section 7609. When a depository is lawfully pro- 

retfeveT vidcd, and the funds are deposited therein, the treasurer 

of the school district and his bondsmen shall be reheved 
from any liability occasioned by the failure of the bank 
or banks of deposit or by the failure of the sureties there- 
for, or by the failure of either of them, except as above 
provided in cases of excessive deposits. Upon the failure 
of the board of education af any school district to provide 
a depository according to law the members of the board 
of education shall be Hable for any loss occasioned by 
their failure to provide such depository, and in addition 
shall pay to the treasurer of the school funds two per cent 
on the average daily balance on the school funds during the 
time said school district shall be without a depository. Said 
moneys may be recovered from the members of the board 
of education for the use and benefit of the school funds 
of the district upon the suit of any taxpayer of the school 
district, (106 v. 328.) 

This section is constitutional: State, ex rel., v. Rehfuss 7 O. C C 
(N. S.) 179, 19 O. C. D. 62. 

The duty of the board of education to deposit the money 
of the school district on competitive bidding is such an obligation 
of public interest and right as to permit an individual taxpayer 
to maintain a mandamus suit for its compulsion. — Attorney 
General, 1911-12, p. 372. 

Section 2295, General Code, provides that all moneys from 
both principal and premiums on the sale of bonds (by a board of 
education) shall be credited to the fund on account of which 
the bonds are issued and sold. Such premiums and accrued in- 
terest must be applied to the fund created by the sale of bonds 
and not to the sinking fund. 
, Section 7603, General Code, provides that "moneys coming 

from sources not enumerated herein shall be placed in the con- 
tingent fund." This is the only section in any way bearing upon 
the distribution of an unexpended surplus in a fund raised by a 
bond _ issued by a board of education, and therefore, under the 
technical construction of the statute, such unexpended surplus 
must be paid into the contingent fund. Such a procedure, how- 



SCHOOL FUNDS. - 175 

ever, is in conflict with sound business principles and with the 
procedure outlined by the statutes, with reference to the disposition 
of such funds in other taxable districts, and the better course would 
be to credit such surplus to the sinking fund, for the purpose of 
devoting the same to the reduction of the bonded indebtedness 
upon the theory that specific provision therefor has been mistakenly 
omitted from the statutes. — Attorney General, 1913, p. 1473. 

The treasurer of a school district who deposits money in a 
bank other than in conformity to the provisions of the depository 
law, together with the sureties upon his bond, is responsible for 
losses sustained by failure of the bank. Mere knowledge by the 
board of education of such deposit does not relieve the treasurer 
and his sureties of liability. — Attorney General, Opinion No. 52, 
1915. 

Section 7610. If the board of education in a district Neglect of 
fails in any year to estimate and certify the levy for a con- by^^board!"^'^^ 
tingent fund as required by this chapter, or if the amount 
so certified is deemed insufficient for school purposes, or 
if it fails to provide sufficient school privileges for all the 
youth of school age in the district or to provide for the con- 
tinuance of any school in the district for at least thirty-two 
weeks in the year, or to provide for each school an equitable 
share of school advantages as required by this title, or to 
provide suitable schoolhouses for all the schools under its 
control, or to elect a superintendent or teachers, or to pay 
their salaries, or to pay out any other school money needed 
in school administration, or to fill any vacancies in the board 
within the period of thirty days after such vac?^ncies occur, 
the commissioners of the county to which such district be- 
longs, upon being advised and satisfied thereof, shall per- 
form any or all of such duties and acts, in the same man- 
ner as the board of education by this title, is authorized to 
perform them. All salaries and other money so paid by the 
commissioners of the county, shall be paid out of the county 
treasury as are other county expenses, but they shall be a 
charge against the school district for which the money wa> 
paid. The amount so paid shall be retained by the county 
auditor from the proper funds due to such school district, 
at the time of making the semi-annual distribution of taxes. 
(99 V. 51.) 

A county commissioner cannot hold the office of member of 
the board of education of any school district within the county 
for which he is such commissioner. — Attorney General, Opinion. 

When under Section 7610, General Code, the commissioners 
have, by reason of the failure of the board of education so to 
do, made an appointment to fill a vacancy in the board of educa- 
tion, such appointment can be made only "for the unexpired 
term." 

When the county commissioners through a mistaken under- 
standing of their powers, have entered upon their minutes that 
the appointment is "until the next general election," the fact that 
the appointment is in reality for the unexpired term is not 
affected, and a "nunc pro tunc" entry to that effect may be made 
upon the commissioners' journal as notice of the statutory term. — 
Attorney General, 1912, p. 1146. 

County commissioners can only employ teachers when the township 
board of education fails to do so; and when they have suspended school 
in two subdistricts and provided transportation to other districts it is not a 
failure to make lawful provision for school in such district and the county 



176 SCHOOL FUNDS. 

commissioners cannot interfere: Wayne Tp. (Bd. of Ed.) v. Shaul, 17 Dec 
269 (4 N. S. 4:]:^ ; 

When the county commissoners have wrongfully interferred with the 
managernent of township schools the remedy of the township board of educa- 
tion is by injunction: Wayne Tp. (Bd. of Ed.) v. Shaul, 17 Dec. 269 (4 
JN. b.) 433). 

Before a teacher may be entitled to $2.00 per day for attend- 
ance at an institute as provided by section 7870 G. C, he must have 
attended such institute at least for four days, and the rule is the 
same whether during such attendance school is in session or not. 

A teacher cannot be compelled to do janitor work by the 
board of education unless under the terms of a special contract 
with said teacher and providing for extra compensation therefor. 

Section 7610 provides for relief through the county com- 
missioner.s, where the board fails to provide janitor service. — 
Attorney General, 1911-12, p. 201. 

u- , "^", ^^i^S the school levy, and in determining the number of schools 
which shall be maintained in a school district, the board of education is 
exercising official discretion, and the county commissioners have no authority 
to interfere, unless the policy of the board of education is a gross abuse of 
the discretion confided in it by law: Board of Education v. Commissioners, 
10 O. N. P. (N. S.) 505. 

If the levy for school purposes is limited in accordance with the pro- 
visions of p. C. Sec. 7591, and if the estimate and certificate of the board of 
education is insufficient, the remedy is by application to the county com- 
missioners: State, ex rel., v. School District, 20 O. C. D. 657. 

If the board of education of a village district fails to elect a superin- 
tendent of schools, and the county commissoners appoint a superintendent, he 
is, in such case, to be paid out of the funds of the school, as he would be 
if he were elected by the board of education: State, ex rel., v. Board of 
Education, 3 O. N. P. 236, 4 O. D. (N. P.) 329. 

County commissioners denied jurisdiction to reverse township board's 
action in fixing levy and determining number of schools to be maintained, 
especiallly where condition requiring more subdistricts is temporary: Wash- 
ington Tp. (Bd. of Ed.) V. Board of County Commissioners, 24 Dec. 495 (10 
N. S. 505). 

Personal lia- SECTION 7611. The members of a board who cause 

me^be^rl ^°^^'^ ^^^^^ failure shall be each severally liable, in a penalty not to 
exceed fifty dollars nor less than twenty-five dollars, to be 
recovered in a civil action in the name of the state upon 
complaint of any elector of the district, which sum must 
be collected by the prosecuting attorney of the county and 
when collected be paid into the treasury of the county, for 
the benefit of the school or schools of the district. (99 v. 

Duty of Section 7612. The auditor of each county shall col- 

dk"*?!^ ^"~ ^^^^' °^ cause to be collected, all fines and other money for 
the support of common schools in his county, and pay them 
to the county treasurer. He also must inspect all accounts 
of interest accruing on account of section sixteen, or other 
school lands, whether it is payable by the state or by the 
debtors ; and take all proper measures to secure to each 
school^ district in his county the full amount of school funds 
to which it is entitled. (70 v. 195.) 

FINES TO BE PAID INTO SCHOOL FUND. 

Sees. 2605 and 2606. Penalty against county auditors for failing to 
report to state auditor. 

Sec. 2607. Relating to dog tax. 

Sec. 2924. Relating to the disposition of the proceeds of the sale of 
timber growing on state or school lands, unlawfully cut down. 

Sees. 12465 and 12466. Providing for the disposition of the proceeds of 
the sale of unclaimed property, stolen, embezzled, or obtained under false 
pretenses. 

Sec. 3192. Penalty against township trustees and treasurers who refuse 
to serve. 

Sec. 3304. Penalty against township clerk for failure to make detailed 
statement. 



SCHOOL FUNDS. I77 

Sec. 3358. Penalty against assessors for neglecting or refusing to make 
out and return statistics. 

Sec. 8359. Penalty against any person, compariy, or corporation, refusing 
to make out and deliver a statement of facts for taxation. 

Sec. 8369. Relating to the proceeds of the sale of unclaimed goods by 
express companies, common carriers, etc. 

Sec. 9238. Penalty for avoiding toll on turnpikes or plank road. 

Sec. 7611. Penalty against member of board of education who fails to 
perform certain duties. 

Sec. 7802. Penalty against the clerk of a local board for failure to take 
the school enumeration. 

Sec. 4772. Penalty against treasurers of school districts for failure to 
make annual settlement. 

Sec. 7790. Penalty against county auditors and clerks of boards of 
education for failing to make certain reports. 

Sec. 7792. Penalty against county auditors for failure to make einumera- 
tion return. 

Sec. 7867. Penalty against institute committee for failure to make re- 
quired report. 

Sees. 5808 and 5814. Penalty for allowing certain animals to run at 
large. 

Sec. 6321. Penalty against owners or keepers of wharf boats. 

Sec. 6350. Relating to peddlers' license. 

Sec. 6497. Penalty against auditors, engineers, commissioners, and pro- 
bate judges, who fail to perform certain duties relating to county ditches, 
sinkholes, etc. 

The fact that the auditor does not apportion the school funds, as 
required by G. C. Sec. 7600, does not render such fund contingent; and the 
board of education cannot expend it at its discretion: State, ex rel., v. Zeeb, 
9 O. C. C. 13. 

SINKING FUND. 

Section 7613. In any school district having a bonded Bo^rd of com- 
indebtedness, for the payment of which, with interest, no fj^'^^'°"^';^ °^ 
provision has been made by a special tax levy for that par- fund, 
ticular purpose, the board of education of such district 
annually, on or before the thirty-first day of August, shall 
set aside from its revenue a sum equal to not less than one- 
fortieth of such indebtedness together with a sum sufficient 
to pay the annual interest thereon. (97 v. 352 § i.) 

Under a statute providing for a board of fund trustees and visitors 
of cominon schools in a municipal corporation, such corporation is not liable 
for an injury suffered by a pupil of such school by reason of the negligence 
of such board: Diehm v. Cincinnati, 25 O. S. 305. 

Boards of education i^ay borrow money for only two pur- 
poses : 

1. For specific building or improvement enterprises. 

2. To fund or refund a valid existing indebtedness of the 
district. 

Inasmuch as no indebtedness may be created except in case 
of hiring of teachers and other employes, without the issuance of 
a certificate of the clerk to the effect that the money necessary is 
in the treasury to the credit of the proper fund and not ap- 
propriated for any other purpose, it is clear that a valid existing 
indebtedness for contingent expenses, could not be created beyond 
the amount in the treasury to cover the same. There cannot, 
therefore, exist, so far as contingent expenses are concerned, such 
a valid existing indebtedness as would permit the funding or re- 
funding of the same. 

Sections 7587 and 7613, General Code, provide for the crea- 
tion of a sinking fund for the payment of bonds and interest out 
of the board's levy, and Section 7614, General Code, provides for 
the appointment of commissioners of the sinking fund, through 
the common pleas court. 

These sections are mandatory and the interest on the money 
borrowed by reason of exhaustion of funds for the payment of 
teachers should be paid from such sinking fund and such should 
not be paid from either the tuition or the contingent fund. — 
Attorney General, 1912, p. 1519. 

Under Section 7604, General Code, and the following statutes 
which provide for the deposit of all moneys coming into the hands 
of the treasurer of the board of education of a school district and 

12 s. I.. 



178 SCHOOL FUNDS. 

the following statutes which provide the mode of procedure for 
deposit of funds; and under section 4768, which provides that no 
money shall be withdrawn from depositories except upon an order 
signed by the treasurer and by the president or vice-president, and 
« counter-signed by the clerk of the board of education; and under 
section 7613, and related statutes, which require the board of 
education to set aside and appropriate funds for the use of the 
sinking fund commission, the custody of such funds must reside 
with the board and its treasurer, whilst the control of the same 
is vested in the sinking fund commission. 

The commission of the sinking fund may withdraw for its 
own purpose from such { mds, therefore, only by requisition 
directed to the board. — Attorney General, 1913, p. 260. 

Under section 7614, General Code, it is the mandatory duty 
of a board of education having a funded debt, to levy for the 
retirement of the bond and payment of interest, and to create a 
sinking fund commissi )n, and even though such commission be 
not created, a levy specificially made for the payment of bonds 
and interest must be credited to the sinking and separated from 
other funds of the district. 

The purpose of the sinking fund cannot be considered to 
have been accomplished until the bonds for which it is intended to 
provide, have been fully paid, and there is never a surplus in the 
sinking fund until all bonds and interest outstanding are paid and 
discharged. 

For this reason moneys in the sinking fund may not be ap- 
propriated to any other purpose, under section 5649-3e, General 
Code, which section authorizes balances remaining over after the 
fixed charges shall have been terminated, to revert to the general 
fund. Any surplus remaining after all bonds and interest have 
been paid may be transferred to the contingent fund under section 
5655, General Code. — Attorney General, 1913, p. 1139. 

Who to pro- Section 7614. The board ofeducation of every dis- 

vide funds. ^-j-icj- shall provide a sinking fund for the extinguishment 
of all its bonded indebtedness, which fund shall be man- 
aged and controlled by a board of commissioners designated 
as the ''board of comissioners of the sinking fund of .... 
....." (insert the name of the district), which shall be 
composed of five electors thereof, and be appointed by the 
common pleas court of the county in which such district is 
chiefly located, except that, in city or village districts the 
board of commissioners of the sinking fund of the city or 
village may be the board of the school district. Such com- 
missioners shall serve without compensation and give such 
bond as the board of education requires and approves. 
Any surety company authorized to sign such bonds may be 
accepted by such board of education as surety. The cost 
therof, together with all necessary expenses of such com- 
missioners shall be paid by them out of the funds under 
their control. ( 97 v. 352 § i.) 

The board of commissioners of the sinking fund of a school district 
are entitled to its management and control: State, ex rel., v. Board of 
Education, 3 O. N. P. (N. S.) 401, 16 O. D. (N. P.) 386. 

Under Section 7604, General Code, and the following statutes 
which provide for the deposit of all moneys coming into the hands 
of the treasurer of the board of education of a school district and 
the following statutes which provide the mode of procedure for 
deposit of funds; and under section 4768, which provides that no 
money shall be withdrawn from depositories except upon an 
order signed by the treasurer and by the president or vice-president, 
and counter-signed by the clerk of the board of education; and 



SCHOOL FUNDS. 179 

under section 7613, and related statutes, which require the board 
of education to set aside and appropriate funds for the use of the 
sinking fund commission, the custody of such funds must reside 
with the board and its treasurer, whilst the control of the same is 
vested in the sinking fund commission. 

The commission of the sinking fund may withdraw for its 
own purpose from such funds, therefore, only by requisition 
directed to the board. — Attorney General, 1913, p. 260. 

Under section 7614, General Code, it is the mandatory duty 
of a board of education having a funded debt, to levy for the 
retirement of the bond and payment of interest, and to create a 
sinking fund commission, and even though such commission be 
not created, a levy specifically made for the payment of bonds 
and interest must be credited to the sinking and separated from 
other funds of the district. 

The purpose of the sinking fund cannot be considered to 
have been accomplished until the bonds for which it is intended 
to provide, have been fully paid, and there is never a surplus in 
the sinking fund until all bonds and interest outstanding are paid 
and discharged. 

For this reason moneys in the sinking fund may not be ap- 
propriated to any other purpose, under section 5649-3e, General 
Code, which section authorizes balances remaining over after the 
fixed charges shall have been terminated, to revert to the general 
fund. Any surplus remaining after all bonds and interest have 
been paid may be transferred to the contingnet fund under section 
5655, General Code. — Attorney General, 1913, p. 1139. 

Section 7615. The board of commissioners of the investment of 
sinking fund shall invest that fund in bonds of the United sinking fund. 
States, of the state of Ohio, of any municipal corporation, 
county, township or school district of any state or in bonds 
of its own issue. All interest received from such invest- 
ments shall be deposited as other funds of such sinking 
fund and reinvested in like manner. For the extinguis- 
ment of any bonded indebtedness included in such fund, 
the board of commissioners may sell or use any of the 
securities or money of such fund. (98 v. 45 § 2.) 

The board of commissioners of the sinking fund of a school district, 
appointed under the preceding section, is entitled to the management and 
control of said fund for the payment of debts and investment of the surplus 
without dictation, but is not entitled to the cusody of possession thereof: 
State, ex rel., v. Board of Education, 8 O. N. P. (N. S.) 401. 

Under Section 7604, General Code, and the following statutes 
which provide for the deposit of all moneys coming into the 
hands of the treasurer of the board of education of a school 
district and the following statutes which provide the mode of 
procedure for deposit of funds; and under section 4768, which 
provides that no money shall be withdrawn from depositories 
except upon an order signed by the treasurer and by the president 
or vice-president, and counter-signed by the clerk of the board 
of education; and under section 7613, and related s* "itutes, which 
require the board of education to set aside and appropriate funds 
for the use of the sinking fund commission, the custody of such 
funds must reside with the board and its treasurer, whilst the 
control of the same is vested in the sinking fund commission. 

The commission of the sinking fund may withdraw for its 
own purpose from such funds, therefore, only by requisition 
direced to the board. — Attorney General, 1913, p. 260. 

Under section 7614, General Code, it is the mandatory duty 
of a board of education having a funded debt, to levy for the 
retirement of the bond and payment of interest, and to create a 
sinking fund commission, and even though such commission be 
.not creat^ed; a levy specifically made for the payment of bonds 



i8o 



SCHOOL FUNDS. 



Sinking fund 
commissioners 
may issue re- 
funding bonds. 



Report of 
sinking fund 
commissioners. 



Payment of 
bonds and 
interest. 



and interest must be credited to the sinking and separated from 
other funds of the district. 

The purpose of the sinking fund cannot be considered to 
have been accomplished until the bonds for which it is intended 
to provide, have been fully paid, and there is never a surplus in 
the sinking fund until all bonds and interest outstanding are paid 
and discharged. 

For this reason moneys in the sinking fund may not be 
appropriated to any other purpose, under section 5649-3e, General 
Code, which section authorizes balances, remaining over after the 
fixed charges shall have been terminated, to revert to the general 
fund. Any surplus remaining after all bonds and interest have 
been paid may be transferred to the contingent fund under section 
5655, General Code. — Attorney General, 1913, p. 1139. 

Section 7616. The board of commissioners of the 
sinking fund may refund, extend or renew the bonded debt 
of the school district or any part thereof, existing April 25, 
1904, by issuing the bonds of such school district for such 
periods, not exceeding twenty years, in such denomination, 
payable at such place and at a rate of interest not to exceed 
the rate previous to such refunding, extension or renewal. 
But the aggregate amount of the refunding, extending or 
renewing bonds so issued shall not exceed that of the bonds 
so refunded, extended or renewed. (97 v. 353 § 3.) 

Section 7617. The board of commissioners of the 
sinking fund shall make an annual report to the board of 
education giving a deta' ed statement of the sinking fund 
for each year ending wUh August thirty-first. Such report 
must be filed with the board of education on or before 
September thirtieth of each year and other reports may be 
required by such board of education when deemed neces- 
sary. (98 V. 45 § 4.) 

Orders upon the sinking fund must be drawn by the president and 
clerk of the board of education, in favor of the person entitled thereto, upon 
requisition made upon them by the board of education therefor: State, ex 
rel., V. Board of Education, 3 O. N. P. (N. S.) 401, 16 O. D. (N. P.) 386. 

Section 7618. The board of education shall appro- 
priate to the use of such sinking fund any taxes levied for 
the payment of interest on its bonded indebtedness, together 
with the sum provided for in sections seventy-six hundred 
thirteen and seventy -six hundred and fourteen. Sums so 
apporpriated shall be applied to no other purpose than the 
payment fo such bonds, interest thereon and necessary ex- 
penses of such sinking fund commission. (98 v. 45 § 4.) 

Under Section 7604, General Code, and the following statutes 
which provide for the deposit of all moneys coming into the 
hands of the treasurer^ of the board of education of a school 
district and the following statutes which provide the mode of 
procedure for deposit of funds; and under section 4768, which 
provides that no money shall be withdrawn from depositories 
except upon an order signed by the treasurer and by the president 
or vice-president, and counter-signed by the clerk of the board of 
education; and under section 7613, and related statutes, which 
require the board of education to set aside and appropriate funds 
for the use of the sinking fund commission, the custody of such 
funds must reside with the board and its treasurer, whilst the 
control of the same is vested in the sinking fund commission. 



SCHOOL FUNDS. 



i8i 



The commission of the sinking fund may withdraw for its 
own purpose from such funds, therefore, only by requisition 
directed to the board. — Attorney General, 1913, p. 260. 

Under section 7614, General Code, it is the mandatory duty 
of a board of education having a funded debt, to levy for the 
retirement of the bond and payment of interest, and to create a 
sinking fund commission, and even though such commission be not 
created, a levy specifically made for the payment of bonds and 
interest must be credited to the sinking and separated from other 
funds of the district. 

The purpose of the sinking fund cannot be considered to 
have been accomplished until the bonds for which it is intended to 
provide, have been fully paid, and there is never a surplus in the 
sinking fund until all bonds and interest outstanding are paid and 
discharged. 

For this reason moneys in the sinking fund may not be 
appropriated to any other purpose, under section 5649-3e, Genreal 
Code, which section authorizes balances remaining over after the 
fixed charges shall have been terminated, to revert to the general 
fund. Any surplus remaining after all bonds and interest have 
been paid may be transferred to the contingent fund under section 
5655, General Code. — Attorney General, 1915, p. 1139. 

Section 7619. When a board of education issues Bonds issued 
bonds for any purpose, such issue first shall be offered for education. °^ 
sale to the board of commissioners of the sinking fund, who 
may buy any or all of such bonds at par. Within five days 
of the time when notice is given, the board shall notify the 
board of education of its action upon the proposed pur- 
chase. After that time the board of education shall issue 
any portion not purchased by such commission according 
to law, (98 V. 45 § 4.) 

It is necessary to advertise the sale of bonds by a board of 
education under Section 7626, G. C, and a board of education is 
not authorized to dispense with competitive bidding in the sale 
of the same. 

A board of education which has advertised the sale of bonds 
bearing a certain rate of interest, and has received no bids for 
the same, and which then proceeds by resolution to raise the rate 
of interest on said bonds, must again offer said bonds to the 
board of commissioners of the sinking fund of the school district, 
if such there be, and then to the Industrial Commission of Ohio, 
prior to again advertising the same for sale. — Attorney General, 
Opinion No. 79, 1915. 

Where specific power is given by the legislature authorizing board of 
education to issue negotiable bonds for school purposes upon certain con- 
ditions prescribed, the regularity of the proceedings of the board cannot be 
disputed, where the bonds, upon their face, purport to have been issued under 
the law in question, and where they have been sold by the board and after- 
ward passed into the hands of a bona fide holder: State, ex rel., v. Board 
of Education, 27 O. S. 96. 

For the power of the board of education to borrow money to pay debts, 
and to issue bonds therefor, see State, ex rel., v. Board of Education, 35 
O. S. 519. 



district When board 



The board of education of a 
interested in land granted by congress for the support of °^ education 



Section 6510. 

i._j 1-.. r_„ 1.1.- 1. _r 

may levy to 

common schools, unless such lands have been permanently ^f/nt^^^"^' 
leased, and of a district, owning or holding other land for 
school purposes, when an assessment is made upon such 
land, or part thereof, under the provisions of this chapter, 
shall pay such assessment out of the contingent fund of 



l82 SCHOOL FUNDS. 

the district, and, if necessary for that purpose, may in- 
crease the levy for such fund otherwise authorized by law. 
(68 V. 60.) 

Disposition Section 8369. From the proceeds of such property, 

Cf saie!^^^^ ^^^^ person, association, or company, shall pay all the 
necessary costs and expenses of the sale, and all proper 
charges for freight and storage of the property sold, ap- 
portioning such expenses and charges, as near as may be, 
among the articles sold, to the amount received for each 
and hold any overplus, subject to the order of the owner 
thereof, at any time within one year after the sale, upon 
proof of ownership by affidavit of the claimant or his 
attorney. After the expiration of one year, all such sums 
unclaimed shall be paid into the state treasury, to be placed 
to the credit of the common schools. Any article remain- 
ing unsold may be again offered as above provided, until 
sold. (74 V. 18.) 

Accumulations, SECTION 9357- A compauy Organized under the laws 

how invested. ^£ ^|^jg state may invest its accumulations as follows: 

1. In United States, state, county, school or city 
bonds, if their market value at the date of purchase, is at 
least eighty per cent of their par value. 

2. In bonds and mortgages upon unincumbered real 
estate, the market value of which is at least double the 
amount loaned thereon, at the date of the investment, and 
in bonds and mortgages upon leasehold estates^on real estate 
for ninety-nine years renewable forever, unincumbered, 
except rentals accruing therefrom to the owner of the fee, 
the market value of which leasehold estate is at least double 
the amount loaned thereon at the date of investment. If 
the amount loaned exceeds one-half of the value of the 
land mortgaged, or one-half the value of the leasehold 
estate mortgaged, exclusive of structures thereon, such 
structures must be insured in an authorized fire insurance 
company or companies, in an amount not less than the dif- 
ference between one-half the value of such land, or lease- 
hold estate, exclusive of structures, and the amount loaned, 
and the policy or policies shall be assigned to the mort- 
gagee. The value of such real or leasehold estate, shall be 
determined by a valuation, made under oath by two real 
estate owners, residents of the county where the real estate, 
or leasehold, is located. 

3. In loans upon the pledge of such bonds or mort- 
gages, if the current market value of the bonds or mort- 
gages is at least twenty-five per cent more than the amount 
loaned thereon. 

4. In loans upon its own policies, not exceeding the 
reserve or present value thereof, computed according to 
the American Experience Table of Mortality with interest 
at four per cent, or according to such other higher standard 
or standards as the company, has adopted, the reserve be- 



SCHOOL FUNDS. 183 

ing the amount of debts of life insurance companies by 
reason of their outstanding policies in gross, and which 
may be so treated in the returns for taxation made by them. 
Such companies may sell, change, or reinvest such invest- 
ments, or any part thereof, at pleasure. (102 v. 356.) 



invested. 



Section 9660. To invest any of its idle funds, or any j^ie funds, 
part thereof, in bonds or interest bearing obligations of the how 
United States, or of the District of Columbia, or of the 
state of Ohio, or of-any county, township, school district, 
or other political division in the state of Ohio, or of any 
incorporated city or village, in the state of Ohio ; and in 
such other securities as now are or hereafter may be ac- 
cepted by the United States to secure government deposits 
in national banks. But such investments at no time shall 
amount in the aggregate to more than twenty per cent of 
the assets of such corporation. (99 v. 530 § 16.) 



CHAPTER 2. 

SCHOOL HOUSES AND LIBRARIES. 



SCHOOL HOUSES. 
Section 

7620. Powers and duties of boards of edu- 
cation. 

Display of U. S. flag. 

Regulating use of school houses. 

Directions for bidding and for letting 
contracts. 

Appropriation of land for school pur- 
poses. 

Municipality may convey real prop- 
erty to board of education. 

Submission of question of bond issue. 

Proceeds of special levies shall not 
be used for other purpose; transfer 
of surplus. 

Power to borrow to extend time of 
debt. 

Power to exchange bonds. 

Resolution as to such debt. 

Levy to meet payment of bond. 

Certificate of clerk necessary in cer- 
tain cases. 

Auditor shall ascertain amount of 
taxes. 

Exceptions thereto. 

If question approved, board may issue 
such bonds. 
7627. Requisites of bonds. 

2294. Advertisement of sale. 

2295. How sold; when bids rejected. 
2295-1. Endorsement. 



7621. 
7622. 
7623. 

7624. 

7624-1. 

7625. 
5654. 



5656. 

5657. 
5658. 
5659. 
5660. 

5699. 

5661. 
7626. 



Section 

2295-2. Registrar; appointment and compensa- 
tion. 

2295-3. Certified transcript to be furnished 
successful bidder. 

2295-4. Penalty for certifying false transcript 
or statement. 

7628. Tax levy to pay bonds thus issued. 

7629. Issue of bonds by boards of edu- 

cation. 

7630. Limit of issue. 

7630-1. Replacement of school houses con- 
demned or destroyed. 

LIBRARIES. 

7631. Establishment of public library. 

7632. Taxation. 

7633. Libraries jointly owned by two or 

more school districts. 

7634. Board of trustees, appointment, term. 

7635. Management and control of library. 

7636. Library trustees, number and eligi- 

bility of. 

7637. Powers of board. 

7638. May acquire land. 

7639. Library fund; how provided and 

maintained. 

7640. Payments from library fund. 

7641. Library tax levy. 

7642. School library. 

7643. Museum. 



Powers and 
duties of 
boards of 
education. 



SCHOOL HOUSES. 

Section 7620. The board of education of a district 
may build, enlarge, repair and furnish the necessary school 
houses, purchase or lease sites therefor, or rights of way 
thereto or purchase or lease real estate to be used as play- 
grounds for children, or rent suitable schoolrooms, pro- 
vide the necessary apparatus and make all other necessary 
provisions for the schools under its control. It also, shall 
provide fuel for schools, build and keep in good repair 
fences inclosing such school houses, when deemed desirable 
plant shade and ornamental trees on the school grounds, 
and make all other provisions necessary for the convenience 
and prosperity of the schools within the subdistricts. (102 
V. 419.) 

Courts of common pleas may authorize an exchange of school lots; 
Sec. 3707. 

County commissioners may act as board of education vmder certain 
cricumstances; Sec. 7610. 

Penalty for destroying plants or trees; Sec. 12490. 

Penalty for using school house without certificate of inspector; Sec. 
12574. 

Under authority of Sections 4749 and 7620, General Code, 
boards of education may legally construct a foot bridge upon a 
strip of land in which a right of way for a walk has been deeded 
it and a condition in the deed for such right of way providing for 
its use by the board in common with the grantor would not in- 
validate the same. — Attorney General, 1912, 1842. 

184 



SCHOOL HOUSES AND LIBRARIES. 185 

Section 7620, General Code, makes it a mandatory duty of 
the board of education of the district, to build and keep in good 
repair, fences inclosing school houses. — Attorney General, 1911-12, 
p. 1212. 

Board of education may not become a member of a mutual 
insurance association. There is a broad distrinction between 
"loaning of credit" of a board of education to private business 
enterprises for the procurance of his immediate needs, such as 
coal, etc., and the loaning of its credit as a member of a mutual 
insurance association. The latter is within constitutional^ inhibi- 
tion upon the government or any of its subdivisions against be- 
coming a stockholder in, raising money for, or loaning its credit 
to, a joint stock company, corporation or association. Further- 
more, membership in such an associaiton would be inharmonious 
with the nature of the board of education and with its statutory 
duties. 

Such membership would include a view to gain and an object 
to further pecuniary interests. — Attorney General, 1911-12, p. 
1690. 

Where a township district school house is located upon a 
private road, and other lawful means for securing a necessary 
and convenient approach to the school house being absent, it is 
proper for the board of education to provide for the construction 
of a bridge on this road, under the provisions of Section 7620, 
General Code. — Attorney General, Opinion No. 777, 1914. 

All persons who deal with a board of education or other public officer 
or board are charged with knowledge of the powers and authority of such 
board or officer. Accordingly contracts entered into by such board or officer 
are unenforceable, if in excess of the authority conferred upon them by law. 
even if the person dealing with such board or officer was in fact ignorant of 
such powers: State, ex rel., v. Freed, 10 O. C. C. 294, 6 O. C. D. 550. 

A lease of a public schoolhouse for the purpose of having a private or 
select school taught therein for a term of weeks, is in violation of the trust; 
and such use of the schoolhouse may be restrained at the suit of a resident 
taxpayer of the district: Weir v. Day, 35 O. S. 143. 

The incorporated village of Van Wert was laid out in 1835, and the 
proprietors by plat duly acknowledged and recorded, dedicated two specified 
lots therein "for school purposes, and on which to erect schoolhouses." By 
reason of the subsequent construction and continued operation of a railroad, 
and the location of a depot in connection therewith, in close proximity to 
these lots, they were rendered unsuitable to be used as sites for schoolhouses, 
and their use for that purpose became dangerous. A petition was filed by the 
board of education of the incorporated village, praying, for the reason afore- 
said, that the court of common pleas might order the lots to be sold, and the 
proceeds of sale to be applied to the purchase of suitable schoolhouse sites, 
or to the erection of schoolhouses on suitable grounds to be procured by the 
board. Upon demurrer to the petition, it was held that the dedication was 
for a specific use, and conferred no power of alienation so as to extinguish 
the use. 

That if the use created by the dedication were abandoned, or should 
become impossible of execution, the premises would revert to the dedicators 
or their representatives, and that, without their consent they could not be 
divested of their contingent right of reversion by an absolute alienation. 

The principle upon which a trust may under certain circumstances, be 
executed cy pres is not applicable to such a case: Board of Education v. 
Edson. 18 O. S. 221. 

Where a township board of education had resolved to sell the old site 
of a subdistrict schoolhouse, and had purchased a new site, and notifying 
the local directors of the subdistrict of their action in the premises, instructed 
them to sell the former, and to build a new schoolhouse on the latter, and 
the local directors, disregarding such instructions, proceed to build a new 
schoolhouse on the old site and keep up a school therein, it was held that the 
local directors are guilty of such insubordination and neglect as justify the 
township board of education in exercising the powers and duties which 
would otherwise devolve on the local directors, and in building a schoolhouse 
on the new site and employing a teacher therein; and such teacher is entitled 
to be paid his wages out of the township treasury, on the order of the town- 
ship board: State, ex rel., v. Lynch, 8 O. S. Si7. 

Under ^ a former statute authority to determine the place at which a 
schoolhouse in a subdistrict should be built was conferred upon the township 
board of education: and the authority of the local directors of the subdistrict 
was to be exercised in subordination to the paramount authority of the town- 
ship board: Hughes v. Board of Education, 13 O. S. 336. 

Where a board of education had established a central or high school 
(compare G. C. Sec. 7665) and directed a building in a subdistrict of the 
township for the use of such school, and such building was used before for 
the central or high school and for the school of the subdistrict, by agreement 
between the board of education and the local directors of such subdistrict, 
and the territory within such subdistrict was formed into an incorporate vil- 



i86 



SCHOOL HOUSES AND LIBRARIES. 



Rights and 
liabilities 
not aflfected. 



Theatrical and 
other public 
exhibitions. 



lage, it was held that such school building did not pass to the board of 
education of such incorporated village under the statutes then in force: 
Board of Education v. Board of Education, 41 O. S. 680. 

Under a statute which vested in board of education property held at 
the time of the enactment of such statute by the board of education or the 
council of any municipal corporation, for the use of public schools in any 
district (R. S. Sec. 3972; omitted from the General Code as executed), it was 
held that public school property, whether real or personal, that had been 
set apart by a township board of education for the purpose of a public school 
of a grade higher than the primary grade, and for the benefit of the youth 
of the whole township, did not pass to or vest in the board of education of 
a special school district, which was organized afterwards out of the territory 
in which it happened that such public school property was situated, although 
such section (R. S. 3972) was passed thereafter: Board of Education v. Board 
of Education, 46 O. S. 595. 

Under R. S. Sec. 3972, a board of education succeeded to the rights of 
former boards of education or councils of municipal corporations, in property 
held for the use of public schools; and such new board of education accordingly 
succeeded to the right of a municipal corporation to bring an action for money 
paid by mistake out of the school funds in the construction of a school build- 
ing: Crofton V. Board of Education, 26 O. S. 571. 

The discretion of a board of education is not an arbitrary and unlimited 
discretion; and accordingly if the existing school house is adequate and 
satisfactory, and located near the center of a school district, injunction will 
issue to prevent such board of education from erecting another schoolhouse 
in another place in such subdistrict: Watkins v. Hall, 13 O. C. C. 255. 

Since a board of education may appropriate real property for school 
purposes (see G. C. Sec. 7642) a conveyance by the owner of real property 
to a board of education for school purposes bars the dower of the wife of 
such owner, although she does not join in such deed: Steel v. Board of 
Education, 1 O. D. (N, P.) 276. 

For the power of commissioners appointed by the probate court to 
select a site for a schoolhouse, under former statutes since repealed (R. S. 
Sec. 3946 to 3948), see Moss v. Board of Education, 58 O. S. 354, 

A former statute (R. S. Sec. 3995) authorized a board of education to 
purchase "apparatus", but limited the amount which might be expended 
thereon; while the amount which might be expended for furniture was within 
the discretion of the board, as long as the revenues of the school district 
were not exceeded: Board of Education v. Andrews, 51 O. S. 199; State, ex 
rel., V. Freed, 10 O. C. C. 294, 6 O. C. D. 550. „ j « ^ ^ 

For a definition of apparatus, see State, ex rel., v. Freed, 10 O. C. 
C. 294. 

Under this section tellurian globes were held to be apparatus and not 
furniture: Board of Education v. Andrews, 51 O. S. 199. 

The purchase of blocks for teaching, in excess of the statutory amount, 
was held to be unauthorized: State, ex rel., v. Freed, 10 O. C. C. 294. 

School and reading charts were held not to be apparatus; and the 
amount which might be expended thereon was not limited by such statute: 
State, ex rel., v. Township Treasurer, 2 O. C. C. 363. 

The same view was taken of cabinets, which contained charts or maps 
which were to be attached to the wall: Bank v. Board of Education, 15 O. 

C. C. 561. ' • . . ,. .,. 

The power to purchase apparatus was not co-extensive with the power 
given for furnishing a schoolhouse (see this section and G. C. 7623) : State, 
ex rel., v. Freed. 10 O. C. C. 294. . ^ , e ^ - 

Neither this section, specifically empowering boards of education, 
among other designated things, to provide fuel; nor G. C. Sec. 7623, _ pre- 
scribing for bids for certain designated supplies and contracts, but omitting 
mention of fuel; nor G. C. Sec. 7695, requiring the director of schools where 
one is chosen, to advertise therefor requires advertising for bids for coal 
or purchase from the lowest responsible bidder: Gosline v. Board of Educa- 
tion, 11 O. C. C. (N. S.) 195. 

Section 3514. • Such surrender of corporate powers 
shall not affect vested rights or accrued liabilities of such 
village, or the power to settle claims, dispose oi property, 
or lew and collect taxes to pay existing obligations, but 
after the presentation of such petition, council shall ncpt 
create anv new liability until the result of the election is 
declared, 'nor thereafter, if such result is in favor of the 
surrender of corporate powers. Due and unpaid taxes may 
thereafter be collected, and all moneys or property remain- 
ing after such surrender shall belong to the school district 
embracing such village. (96 v. 21 § 4.) 

Section 3657. To regulate, by license or otherwise, 
restrain or prohibit theatrical exhibitions, public shows and 
athletic games of whatever name or nature, for which 
money or other reward is demanded or received; to regu- 



free for cer- 
tain purposes. 



SCHOOL HOUSES AND LIBRARIES. 187 

late, by license or otherwise, the business of trafficking in 
theatrical tickets, or other tickets of licensed amusements, 
by parties not acting as agents of those issuing them, but 
public school entertainments, lecture courses and lectures 
on historic, litereary or scientific subjects, shall not come 
within the provision of this section. (102 v. 88.) 

By virtue of section 3657, General Code, council is given 
power to regulate atheltic games by license or otherwise and such 
authorization extends to baseball playing on Sunday afternoons, 
within municipal limits. — Attorney General, 1911-12, p. 1559. 

Section 13049, General Code, makes baseball playing on Sun- 
day forenoon a penal offense. Baseball playing in the afternoon, 
in the absence of regulation or prohibition by council, under 
authority of section 3657, General Code, is not unlawful. — 
Attorney General^ 1911-12, p. 1670. 

Section 3963. No charge shall be made by the di- water supply 
rector of public service in cities, or by the board of trus- 
tees of public affairs in villages, for supplying water for 
extinguishing fires, cleaning hre apparatus, or tor furnish- 
ing or supplying connections with fire hydrants, and keep- 
ing them in repair for fire department purposes, the clean- 
ing of market houses, the use of any public building belong- 
ing to the corporation, or any hospital, asylum, or other 
charitable institutions, devoted to the relief of the poor, 
aged, infirm, or destitute persons, or orphan or delinquent 
children, or for the use of public school buildings, but in 
any case where the said school building or buildmgs, are 
situated within a village or cities, and the boundaries of the 
school districts include territory not within the boundaries 
of the village or cities in which said building, or uuldings, 
are located, then the directors of such school district snali 
pay the village or cities for the water furnished for said 
building or buildings. (102 v. 94.) 

Under the language of section 3963, General Code, the 
water furnished to school buildmgs which are located in cities 
whose school district is partly in the city and party comprises 
territory outside of the city, must be paid for by the director of 
such district to the city. — Attorney General, 1911-12, p. 548. 

The purposes for which council may supply free water, are 
enumerated in Section 3963. General Code, and free water for no 
other purpose is authorized. 

A contract, therefore, by the village with a public utility, 
containing in its provisions a grant of free water and light to said 
utility, is void. — Attorney General, 1912, p. 277. 

The director of public service is not authorized to employ 
day laborers to make a public improvement to be paid for from 
a bond issue, where such improvement will cost to exceed $500. — 
Attorney General, 1913, p. 1520. 

Section 4424. The board of health shall abate all Nuisance or 
nuisances and may remove or correct all conditions detri- unsanitary 

1 1 1,1 11 1 • r 1 11 , conditions on 

mental to health or well-being found upon school property school prop- 
by serving an order upon the board of education, school cor^ecTe^d. ^^ 
board or other person responsible for such property, for 
the abatement of such nuisance or condition within a rea- 
sonable but fixed time. A person faihng to comply with 
such order, unless good and sufficient reason therefor is 



i88 



SCHOOL HOUSES AND LIBRARIES. 



Board shall 
inspect schools 
and may close 
them and pro- 
hibit iJublic 
gatherings. 



Handling ex- 
plosives regu- 
lated; where 
statement to 
be filed. 



Statement sub- 
mitted to dis- 
trict inspector; 
certificate of 
chief in- 
spector. 



shown, shall be fined not to exceed one hundred dollars. 
The board may appoint such number of inspectors of 
schools and school buildings as it deems necessar}- to prop- 
erly carry out these provisions. (95 v. 433.) 

Section 4448. Semi-annually, and oftener if in it^ 
judgment necessary, the board of health shall inspect the 
sanitary condition of all schools and school buildings within 
its jurisdiction, and may disinfect any school building. 
During an epidemic or threatened epidemic, or when a 
dangerous communicable disease is unusually prevalent, the 
board may close any school and prohibit public gatherings 
for such time as it deems necessary. (95 v. 433.) 

Section 5903. A person, partnership or corporation 
manufacturing, handling, or storing gunpowder, blasting 
powder, dynamite, nyalite, jovite, masurite, fulminates, 
nitro-glycerine, any nitro-explosive compound, chlorate of 
potash explosive compound, picric acid explosive compound, 
or other explosive substance, shall file with the chief in- 
spector of workshops and factories, upon blanks furnished 
by him upon application, a complete statement of the loca- 
tion of such factory, storehouse or magazine owned or con- 
trolled by such person, partnership or corporation, together 
with the kind and character of the explosive substance or 
substances manufactured, handled or stored and intended 
to be manufactured, handled or stored thereat, the quantity 
stored or kept on hand, and the quantity intended to be 
stored or kept on hand, the number of persons employed 
at each factory, storehouse or magazine and the number 
of persons intended to be employed thereat, and the dis- 
tance which such factory, storehouse or magazine is located 
or will be located from the nearest factory, workshop, 
mercantile or other establishment, occupied dwelling, church, 
schoolhouse, building in which people are accustomed to 
assemble, railroad or public highway. (99 v. 211 § i.) 

Section 5904. Such statement, when filed, shall be 
submitted by the chief inspector of workshops and factories, 
for examination, correction and investigation, to the dis- 
trict inspector of explosives, who shall make a personal 
examination of each such factory, storehouse or magazine. 
If it is found to be located at a safe distance from the near- 
est factory, workshop, mercantile or other establishment, 
occupied dwelling, church, schoolhouse, building in which 
people are accustomed to assemble, railroad or public high- 
way, and so planned and managed as to insure as great 
safety as is consistent wdth the nature of the business, and 
if the facts required in such statement are fully set out 
therein, and found to be true, such chief inspector shall 
grant a certificate approving the plans and location of 
such factory, storehouse or magazine as set forth in such 
statement. (99 v. 211 § 2.) 



SCHOOL HOUSES AND LIBRARIES. 189 

Section 12438. Whoever in the night season mahc- Burglary in 
iously and forcibly breaks and enters, or attempts to break »" uninhabited 

Qwcllincr or 

and enter an uninhabited dwelling house, or a kitchen, other building. 

smokehouse, shop, office, storehouse, warehouse, malthouse, 

stillhouse, mill, pottery, factory, water craft, schoolhouse, 

church or meeting house, barn or stable, railroad car, car 

factory, station house, hall or other building, or attempts 

to break and enter an inhabited dwelling house with intene 

to steal property of any value, or with intent 

to commit a felony, shall be imprisoned in the penitentiary 

not less than one year nor more than fifteen years. (100 

V. 5.) 

Section 12441. Whoever, by day or night malic- Entering a 
iously enters a dwelling house, kitchen, shop, storehouse, o?"day^^and^^^ 
malthouse, stillhouse, mill, office, treasury, bank, railroad attempting to 
car, pottery, water craft, schoolhouse, church or meeting ^°'""*'* felony, 
house, smokehouse, barn or stable and attempts to commit 
a felony, shall be imprisoned in the penitentiary not less 
than one year nor more than two years. (78 v. 28.) 

Section 12442. Whoever, in the day time, malic- Breaking into 
iously breaks and enters a dwelling house, kitchen, shop, day tfme*"o 
store, warehouse, malthouse, stillhouse, mill, pottery, water ^^^^^• 
craft, schoolhouse, church or meeting house, smokehouse, 
barn, stable, railroad car, car factory, depot, station house, 
hen house, wagon house, sugar house, boat house, grain 
house or greenhouse with intent to steal, shall be fined not 
more than three hundred dollars or imprisoned not more 
than six months, or both. (88 v. 342.) 

Section 12443. Whoever, in the night season, un- Breaking into 
lawfully breaks open and enters a dwelling house, shop, {h^^night'^'sea" 
store, ship, boat or other water craft, in which a person son and com- 
resides or dwells, and commits or attempts to commit per- Jttem^ting to 
sonal violence or abuse, or is so armed with a dangerous so™aT violence, 
weapon as to indicate a violent intention, shall be fined not 
more than three hundred dollars, and imprisoned not more 
than thirty days. (29 v. 144.) 

Section 7621. All boards of education are required Display of 
to display the United States national flag upon all school- ^- ^- ^^^' 
houses under their control, during all day school sessions 
in fair weather, which shall be displayed on the inside of 
the schoolhouse on all other days. Such boards shall 
make all rules and necessary regulations for the care and 
keeping of such flags, the expense thereof to be paid out of 
their contingent funds. (92 v. 86 § i.) 

Section 7622. When, in the judgment of a board of Regulating 
education, it will be for the advantage of the children re- "choo°/ houses 
siding in any school district to hold literary societies, school 
exhibitions, singing schools, religous exercise, select or 
normal schools, the board of education shall authorize the 



I90 



SCHOOL HOUSES AND LIBRARIES. 



Schools and 
other build- 
ings available 
for educa- 
tional and 
recreational 
purposes. 



Citizens only 
responsible 
for damages. 



Purposes 
other than 
school for 
which houses 
or rooms 
may be 
used. 



opening ot the school-houses for such purposes. The board 
of education of a school district in its discretion may author- 
ize the opening of such schoolhouses for any other lawful 
purposes. But nothing herein shall authorize a board of 
education to rent or lease a sclioolhouse when such 
rental or lease in any wise interfers with the public schools 
in such district, or for any purpose other than is authorized 
by this chapter. (91 v. 44.) 

Powers of boards of education; Sec. 4749. 

The board of education has no authority in law to rent a 
school building, or part thereof, to a secret society for the pur- 
pose of holding lodge sessions and such social functions and 
entertainments of such society as are not open to all persons in 
the community on equal terms or which will not, in the judgment 
of the board of education, benefit the people of the community. — 
Attorney General, Opinion No. 197, April 3, 1915. 

Section 7622-1. That upon application of any re- 
sponsible organization, or of a group of at least seven citi- 
zens, all school grounds and schoolhouses, as well as all 
other buildings under the supervision and control of the 
state, or buildings maintained by taxation under the laws 
of Ohio, shall be available for use as social centers for the 
entertainment and education of the people, including the 
adult and youthful population, and for the discussion of all 
topics tending to the development of personal character and 
of civic welfare. Such occupation, however, should not 
seriously infringe upon the original and necessary uses of 
such properties. The public officials in charge of such 
buildings shall prescribe such rules and regulations for their 
occupancy and use as herein provided as will secure a fair, 
reasonable and impartial use of the same. (106 v. 552.) 

Section ^622-2. The organization or group of citi- 
zens applying for the use of properties as specified in sec- 
tion 7622-1 of the General Code shall be responsible for 
any damage done them over and above the ordinary wear, 
and shall, if required, pay the actual expense incurred for 
janitor service, light and heat. (106 v. 552.) 

Section 7622-3. The board of education of any 
school district may, subject to such regulation as may be 
adopted by such board, permit the use of any schoolhouse 
and rooms therein and the grounds and other property 
under its control, when not in actual use for school pur- 
poses, for any of the following purposes : 

1. For giving instructions in any branch of educa- 
tion, learning or the arts. 

2. For holding educational, civic, social or recreational 
meetings and entertainments, and for such other purposes 
as may make for the welfare of the community. Such 
meetings and entertainments shall be non-exclusive and 
open to the general public. 

3. For public library purposes, as a station for a pub- 
lic library, or as reading rooms. 



SCHOOL HOUSES AND LIBRARIES. 



191 



4. For polling places, for holding elections and for 
the registration of voters, for holding grange or similar 
meetings. (106 v. 552.) 

Section 7622-4. Upon the nomination of the super- Supervision 
intendent of any school district the board of education of 0? sodaf and 
such district may employ a person or persons to supervise, 
organize, direct and conduct social and recerational work 
in such school district. The board of education may employ 
competent persons to deliver lectures, or give instruction on 
any educational subject, and provide for the further educa- 
tion of adult persons in the community. (106 v. 552.) 



recreational 
work. 



Use in 
cities. 



Section 7622-5. In cities employing a person to di- 
rect and supervise social and recreational work such per- 
son may use the school buildings, grounds, and other public 
buildings or grounds in such city for the purposes indicated 
in section 7622-3 of the General Code subject to the limi- 
tations provided in sections 7622-1 to 7622-3 of the General 
Code. (106 V. 552.) 

Section j(i22-(i. Boards of education may co-operate Cp-operation 
with commissioners,' boards or other public officials having pubHc^*^^'^ 
the custody and management of public parks, libraries, officials, 
museums and public buildings and grounds of whatever 
kind in providing for e'ducation, social, civic and recrea- 
tional activities, in buildings and upon grounds in the cus- 
tody and under the management of such commissioners, 
boards or other public officials. (106 v. 552. 



Tax levy 
for social 
center fund. 



Section 7622-7. The board of education of any 
school district or a municipality may levy annually upon the 
taxable property of such school district or municipality 
within the limitations of secton 5649-2 of the General Code, 
not to exceed two-tenths of a mill for a social center fund 
to -be used for social and recreational purposes. (106 v. 
552.) 

Section 7623. When a board of education deter- Directions for 
mines to build, repair, enlarge or furnish a schoolhouse or fj?*^\efting"*^ 
schoolhouses, or make any improvement or repair provided contracts, 
for in this chapter, the cost of which will exceed in city 
districts, fifteen hundred dollars, and in other districts five 
hundred dollars, except in cases of urgent necessity, or for 
the securitv and protection of school property, it must pro- 
ceed as follows : 

I. For the period of four weeks, the board shall ad- 
vertise for bids in some newspaper of general circulation 
in the district, and in two such papers, if there are so many. 
If no newspaper has a general circulation therein, then by 
posting such advertisement in three public places therein. 
Such advertisement shall be entered in full by the clerk on 
the record of the proceedings of the board. 



192 SCHOOL HOUSES AND LIBRARIES. 

2. The bids, duly sealed up, must be filed with the 
clerk by twelve o'clock, noon, of the last day stated in the 
advertisement. 

3. The bids shall be opened at the next meeting of the 
board, be publicly read by the clerk, and entered in full on 
the records of the board. 

4. Each bid must contain the name of every person 
interested therein, and, shall be accompanied by a sufHcient 
guarantee of some disinterested person, that if the bid be 
accepted, a contract will be entered into, and the perform- 
ance of it properly secured. 

5. When both labor and materials are embraced in the 
work bid for, each must be separately stated in the bid, with 
the price thereof. 

6. None but the lowest responsible bid shall be ac- 
cepted. The board in its discretion may reject all the bids, 
or accept any bid for both labor and material for such im- 
provement or repair, which is the lowest in the aggregate. 

7. Any part of a bid which is lower than the same part 
of any other bid, shall be accepted, whether the residue of 
the bid is higher or not ; and if it is higher, such residue 
must be rejected. 

8. The contract must be between the board of educa- 
tion and the bidders. The board shall pay the contract 
price for the work, when it is completed, in cash, and may 
pay monthly estimates as the work progresses. 

9. When two or more bids are equal, in the whole, or 
in any part thereof, and are lower than any others, either 
may be accepted, but in no case shall the work be divided 
between such bidders. 

ID. When there is reason to believe that there is collu- 
sion or combination among the bidders, or any number of 
them, the bids of those concerned therein shall be rejected. 

(97 V. 356.) 

Section 7623, G. C, requiring that bids for the erection of a 
school building be "accompanied by a sufficient guarantee of some 
disinterested person" vests the board of education with a certain 
discretion, but does not empower it to demand more than the 
statute intends. 

When the board, therefore, has provided that bids be ac- 
companied by a certified check for ten per cent, of the bids and 
the lowest bidder accompanies his bid by a surety company bond 
equal to its amount, for its payment, the board cannot reject the 
bid unless bona fide it does not consider the guarantee sufficient. 
— Attorney General, 1911-12, p. 1195. 

Cases of urgent necessity are excepted from the provisions 
of section 7623, General Code, providing for certain procedure 
when the cost of repairing or improving a school house in other 
than city districts exceeds five hnudred dollars. 

Inasmuch, therefore, as the board of education is required 
to provide for at least thirty-two school weeks in a year, and as 
the mayor may prohibit use of school buildings until compliance 
has been made with the orders of the chief inspector of work- 
shops and factories, the board of education of a village, upon 
such order from the chief inspector of workshops and factories, 
made after the school year has begun, may dispense with the 
procedure of section 7623 and execute necessary repairs without 
advertising for bids. — Attorney General, 1911-12, p. 1318. 

Inasmuch as the statutes do not prescribe otherwise, when a 



SCHOOL HOUSES AND LIBRARIES. 193 

board of education sells bonds, the premium and accrued interest 
must, in accordance with the general rule that all accretions follow 
a trust fund, be credited to the fund for the purpose of which 
the bonds were sold. 

It is the object of the statutes to maintain a fair competition 
in the letting of bids, and when a board of education has received 
bids for the construction of a building, alterations may not be 
made in the plans and specifications, and the bids let, accommo- 
dated, by deductions or increases, to the changes made in the 
plans and specifications. 

The board of education may not expend any moneys derived 
by it from an issue of bonds, unless the clerk shall first certify that 
the money is in the treasury and not appropriated to any other 
purpose. Said board may, therefore, not enter into 2. contract 
for the construction of a building, the money for which is fur- 
nished by additional bonds, before the funds arising from such 
issue are in the treasury of the district. — Attorney General, 1912, 
p. 1249. 

The board of education submitted to the electors the ques- 
tion of a bond issue, the amount of which, in addition to the 
amount certified to the auditor, would prove sufficient to improve 
a certain school building in accordance with an order of the in- 
spector of workshops and factories, but by reason of the reduction 
of the estimate by the budget commission, the board was unable 
to proceed with the improvement. 

In order to supply the deficiency, the board twice submitted 
the issue of bonds to the electors, under Section 7625 and received 
a negative vote in each instance. Held : 

That action once having been taken under Section 7625, Gen- 
eral Code, recourse could not be had to Section 7629, General Code, 
for the same purpose, and that the board was without remedy. — 
Attorney General, 1912, p. 1200. 

In case the state iDuilding inspector orders repairs on a school 
building to be made by a date certain, the impossibility of com- 
pleting them by such date without dispensing with competitive 
bidding, etc., does not create a case of "urgent need", or for 
"security and protection of school property" within the meaning 
of Section 7623, General Code, permitting such bidding and other 
formalities to be dispensed with in such cases. 

The interests of the schools themselves, that is, the use of 
the building by pupils with safety and convenience must be con- 
sulted in order to determine whether a case for dispensing with 
the statutory requirements exists so that if it is anticipated that 
although the work cannot be completed before the building must 
be used for school purposes, the part remaining undone -can be 
prosecuted without impairing the safety and usefulness of the 
schools, the statutory requirements may not be dispensed with ; 
otherwise they may be disregarded. — Attorney General, Opinion 
No. 1087, 1914. 

Advertising for bids for public work is not merely directory as to 
boards of education but is mandatory as to all public boards: Mueller V. 
Board of Education, 11 O. N. P. (N. S.) 113. 

Failure of a board of education to advertise for bids for "extras" whicii 
have become necessary for the completion of a high school building under a 
contract theretofore awarded, renders void a contract for the supplying of 
such extras, unless an urgent necessity existed for completion of the work 
without the delay incident to advertising for the submission of bids: Mueller 
V. Board of Education, 11 O. N. P. (N. S.) 113. 

Where failure to comply with the statutory requirement with reference 
to public work may be excused bv "urgent necessity" for an early completion 
of the work must be determined from the circumstances of the particular 
case: Mueller v. Board of Education. 11 O. N. P. (N. S.) 113. 

The necessity for the completion of a high school building which was 
already in use by some of the pupils who found ingress to the building 
without passing through the main corridor where the work in question 
remained to be done, did not prerent such a case of "urgent necessity" as to 
release the parties from the necessity of advertising for bids for the customary 
period in the statutory manner: Mueller v. Board of Education, 11 O. N. P. 
(N. S.) 113. 

While this section is mandatory as to all the classes of contracts com- 
prised within its terms, it does not require a contract for the supply of coal 
to be let to the lowest bidder: Gosline v. Board of Education, 11 O. C. C. 
(N. S.) 195. 

13 S. I.. 



194 SCHOOL HOUSES AND LIBRARIES. 

The provisions of this section which require advertisement for bids and 
letting contracts on competitive bidding for building, repairing, enlarging or 
furnishing a schoolhouse, do not require the board of education to advertise 
for bids for contracts for fuel, or let such contracts upon competitive bidding: 
Gosline v. Board of Education, 11 O. C. C. (N. S.) 195. 

If advertisement is not necessary for the contract in question, "the board 
may accept or reject such bids as it sees fit: State, ex rel., v. Board of 
Education, 13 O. C. C. 603. 

The provision of this statute that every bid should be accomplished by 
a sufficient guaranty of some disinterested person, that if the bid be accepted 
a contract will be entered into, and the performance of it properly secured, 
is not complied with by writing the word "sureties" at the bottom of the 
page, followed by the name of the individual who is offered as surety: State, 
ex rej., v. Board of Education, 42 O. S. 374. 

A contract for the building of a schoolhouse, awarded to a contractor 
who has been permitted to change his bid by omitting various items and thus 
reducing the aggregate cost to the amount realized from the sale of bonds, is 
a contract made without notice or competition, and is illegal and void, but 
public funds paid out on a contract, free from fraud and collusion and com- 
pleted in good faith, cannot be recovered back at the instance of a taxpayer, 
notwithstanding the contract was illegal and void: McAlexander v. School 
District, 7 O. N. P. (N. S.) 590, 19 O. D. (N. P.) 89. 

Where a bid is uncertain as to whether it is for parts of a job as well 
as for the whole, and the bidder induces the board to construe it as for all or 
none, such bidder cannot afterwards complain that the board awarded the 
whole job to the lower bidder, although under a different construction, the 
board would have been bound to award to such bidder a portion of the work: 
State, ex rel., v. Board of Education, 42 O. S. 374. 

The provision of this section which requires labor and materials to be 
stated separately in the bid with the price thereof, is not complied with by 
a bid which state the price of each separately, but also contains a provision 
that such bid if accepted at all is to be accepted as a whole: State, ex rel., v. 
Board of Education, 4 O. N. P. 44, 6 O. D. (N. P.) 235. 

After a bid has been received and opened, the board of education cannot 
permit the contractor to amend it; and accordingly if the person who as the 
lowest bidder refuses to enter into a contract because of an alleged mistake 
in the scale upon which the plans were drawn, and his estimate based, the 
board of education cannot permit him to amend his bid, even though as 
amended it is still lower than any other of the regular bids received; and 
a contract on such bid is invalid: McGreevy v. Board of Education, 20 O. 
C. C. 114, 10 O. C. D. 724. 

It is not necessary that a bid on a heating and ventilating apparatus 
should state separately the cost of labor and materials: State, ex rel., v. Board 
of Education, 14 O. C. C. 15, 7 O. C. D. 338. 

The provision of this section which requires "the lowest responsible 
bid" to be accepted, and gives discretion to the board to reject all bids, does 
not authorize the board to accept any bid except the lowest responsible bid: 
State, ex rel., v. Board of Education, 42 O. S. 374. 

Under this statute the board of education may in its discretion reject 
any and all bids: State, ex rel., v. Board of Education, 13 O. C. C. 603. 

Subdivisions 6 and 7 are apparently in conflict with each other; and 
accordingly if the discretion conferred by subdivision 6 is not exercised, 
thus in the consideration of bids containing two separate items or more any 
part of a bid which is lower than the same part of any other bid should 
be accepted: Gilbert v. Board of Education, 21 O. C. C. 416, 11 O. C. D. 552. 

Where a bona fide bidder for public work in good faith submits a bid 
which is based on a mistake in measurements which would involve him in 
serious financial loss were he to do the work for the amount named, the 
minds of the parties have not met, and he cannot be compelled to execute 
the proposed contract^ notwithstanding the terms on which the bid was sub- 
mitted, provided that it should not be withdrawn; and injunction will lie 
on the petition of the bidder to restrain the "board having charge of 
the contract from accepting the bid and insisting that he execute the con- 
tract or subject himself to an action for damages: Construction Co. v. 
Board of Education, II O. N. P. (N. S.) 86. 

If bids are received for different systems of heating, the board may 
determine after such bids are in, which system of heating it will adopt, and 
it is not necessarily bound to select that which is oflfered for the lowest bid: 
State, ex rel., v. Board of Education, 14 O. C. C. 15, 7 O. C. D., 338; see, to 
the same effect. State, ex rel., v. Board of Education, 10 Dec. Rep. 314, 
■20 Bull. 156. 

A contract for the building of a schoolhouse at a cost in excess of the 
amount raised for that purpose from an issue of bonds, is not void for want 
of authority on the part of the board of education to make such a contract 
after having underestimated the amount of money needed: McAlexander v. 
School District, 7 O. N. P. (N. S.) 590, 19 O. D. (N. P.) 89. 

An unsuccessful bidder, who is not able to show that he himself has 
complied with the statutory requirements, cannot compel the board of educa- 
tion to award the bid to him, by proceedings in mandamus, even if the bid 
on which the contract was awarded was so irregular and defective that the 
board of education should not have accepted it: State, ex rel., v. Board of 
Education, 42 O. S. 374. 

If a board of education has in good faith determined that the lowest 
bidder is not the lowest responsible, and has awarded the contract to the 
bidder to whom it has in good faith determined to be the lowest responsible 
bidder, mandamus will not lie to compel the board of education to award 
the contract to the lowest bidder; and in such proceedings the court cannot 
determine the question whether such bidder is in fact responsible: State, 
ex rel., v. Board of Education, O. N. P. 317, 9 O. D. (N. P.) 336. 



. SCHOOL HOUSES AND LIBRARIES. 195 

If the right to reject any and all bids is conferred by statute or 
reserved in the advertisement (see division 6 of this section), the lowest bidder 
cannot compel the board of education by proceedings in mandamus to award 
the contract to him: State, ex rel., v. Board of Education, 13 O. C. C. 603, 
5 O. C. D. 379. 

In mandamus proceedings to compel the board of education to award 
a contract, the relator must show that he is the party with whom the contract 
should be made, irrespective of the rights of any oher person; and he can- 
not rely upon the weakness, informality, or irregularity of the bids of others, 
or upon the proposed irregular action of the board of education, with refer- 
ence to any one else; nor the fact that the board of education was about 
to let the contract to a person who had not complied with the law: State, 
ex rel., v. Board of Education, U U. C. C. 15, 7 O. C. D. 338. 

Injunction will lie to prevent a board of education from abusing its 
discretion; as where it orders a new schoolhouse built, although the existing 
schoolhouse is in good condition and is adequate in size: Watkins v. Hall, 
13 O. C. C. 255, 7 U. C. D. 434. 

If the board of education is about to award a contract for installing 
certain devices in a public building upon a bid which is based on terms not 
contained in the original specincations as advertised, which bid was received 
subsequent to the time designated in the advertisement for the submission of 
bids, such action is illegal and unauthorized, and will be restrained by a 
court of equity by injunction. Mandamus will not lie, however, to compel 
the board of education to award the bid to the lowest responsible bidder, 
who submits a bid at the time specified in the advertisement: State, ex rel., 
v. Board of Education, 6 O. C. C. (N. S.) 345, 17 O. C. D. 832. 

Section 2362. An officer, board or other autliority of Separate bids 
the state, a county, township, city, village, school or road material?. ^^^ 
district or of any public institution belonging thereto, au- 
thorized to contract for the erection, repair, alteration or 
rebuilding of a public building, institution, bridge, culvert or 
improvement and required by law to advertise and receive 
proposals for furnishing of materials and doing the work 
necessary for the erection thereof, shall require separate 
and distinct proposals to be made for furnishing such mate- 
rials or doing such work or both, in their discretion, for 
each separate and distinct trade or kind of mechanical labor, 
employment or business entering into the improvement. 
(85 V. 218.) 

The letting of a contract for a schoolhouse is controlled by G. C. Sec. 
7623, except as far as the provisions of G. C. Sees. 2362 to 2364, which are 
not inconsistent with G. C. Sec. 7623 apply: Gilbert v. Board of Education, 
21 O. C. C. 416, 11 O. C. D. 552. 

If a board of education advertises for bids for heating and ventilating 
a schoolhouse, bids which offer systems of heating and ventilating, which are 
covered by patent or proprietory rights, need not state separately the cost 
of labor and material, but under this section the bid may be for a lump sum: 
State, ex rel., v. Board of Education, 14 O. C. C. 16, 7 O. C. D. 338. 

Cited in construing G. C. 2342; State v. Edmondson, 23 Dec. 91, 12 
(N. S.) 577. 

A bidder who does not comply with the requirements of the statute, 
and who does not submit bids in conformity with the specifications cannot 
compel the public officers in question to award the contract to him: State, 
ex rel., v. Board of Education 14 O. C. C. 15, 7 O. C. D. 338. 

A school board has discretion to determine what system of ventilating 
and heating apparatus it will install in a schoolhouse; and such discretion 
can not be controlled by mandamus: State, ex rel., v. Board of Education, 
14 O. C. C. 15, 7 O. C. D. 338. 

Inasmuch as the statutes do not prescribe otherwise, when a 
board of education sells bonds, the premium and accrued interest 
must, in accordance with the genera] rule that all accretions follow 
a trust fund, be credited to the fund for the purpose of which 
the bonds were sold. 

It is the object of the statutes to maintain a fair competition 
in the letting of bids, and when a board of education has received 
bids for the construction of a building, alterations may not be made 
in the plans and specifications, and the bids let, accommodated, 
by deductions or increases, to the changes made in the plans and 
specifications. 

The board of education may not expend any moneys derived 
by it from an issue of bonds, unless the clerk shall first certify 



196 



SCHOOL HOUSES AND LIBRARIES. 



When contract 
shall not be 
awarded for 
entire work. 



that the money is in the treasury and not appropriated to any 
other purpose. Said board may, therefore, not enter into a 
contract for the construction of a building, the money for which 
is furnished by additional bonds, before the funds arising from 
such issue are in the treasury of the district. — Attorney General, 
1912, p. 1249. 

A part of the appropriation made for the construction of a 
building for science and agriculture at the Bowling Green normal 
school may be used for the construction of a corridor, this corridor 
to be a part of this building. 

All laboratory fixtures that are permanently attached to the 
science building should be made a part of the plans and specifica- 
tions for such building. Bids for such furnishings should be asked 
for as part of the entire bid for construction of the building. — 
Attorney General, 1913, p. 1030. 

Section 2363. When more than one trade or kind 
of mechanical labor, employment or business is required no 
contract for the entire job, or for a greater portion thereof 
than is embraced in one such trade or kind of mechanical 
labor shall be awarded, unless the separate bids do not 
cover all the work and materials required or the bids for 
the whole or for two or more kinds of work or materials 
are lower than the separate bids therefor in the aggregate. 
(85 V. 218.) 

A part of the appropriation made for the construction of a 
building for science and agriculture at the Bowling Green normal 
school may be used for the construction of a corridor, this corridor 
to be a part of this building. 

All laboratory fixtures that are permanently attached to the 
science building should be made a part of the plans and specifica- 
tions for such building. Bids for such furnishings should be asked 
for as part of the entire bid for construction of the building. — 
Attorney General, 1913, p. 1030. 

Power to ap- SECTION 7624. When it is necessary to procure or 

propriate land enlarge a school site or to purchase real estate to be used 
purposes. for agricultural purposes, athletic field or play ground for 

children, and the board of education and the owner of the 
property .needed, for such purposes are unable to agree 
upon the sale and purchase thereof, the board shall make 
an accurate plat and description of the parcel of land which 
it desires for such purposes, and file them with the probate 
judge, or court of insolvency, of the proper county. There- 
upon the same proceedings of appropriation shall be had 
which are provided for the appropriation of private prop- 
erty by municipal corporations. (103 v. 466.) 

Section 7624-1. A municipal corporation may by or- 
dinance duly passed authorize the transfer and conveyance 
by deed, of any real property owned by it and not needed 
for municipal purposes, to the board of education of any 
such municipality, to be used by said board of education 
as an athletic field, a play ground for children or for school 
sites, upon such terms and conditions as are agreed to be- 
tween the municipal corporation and the board of education 
and when such property is so conveyed, the same shall be 
under the control and supervision of such board of educa- 
tion. (103 V. 466.) 



Municipality 
may convey 
real property 
to board of 
education. 



SCHOOL HOUSES AND LIBRARIES. 197 

Section 7625. When the board of education of any May issue 
school district determines that for the proper accommoda- bonds, 
tion of the schools of such district it is necessary to pur- 
chase a site or sites to erect a schoolhouse or houses, to 
complete a partially built schoolhouse, to enlarge, repair or 
furnish a schoolhouse, or to purchase real estate for play- 
ground for children, or to do any or all of such things, 
that the funds at its disposal or that can be raised under the 
provisions of sections seventy-six hundred and twenty-nine 
and seventy-six hundred and thirty, are not sufficient to 
accomplish the purpose and that a bond issue is necessary, 
the board shall make an estimate of the probable amount of 
money required for such purpose or purposes and at a gen- 
eral election or special election called for that purpose, sub- 
mit to the electors of the district the question of .the issuing 
of bonds for the amount so estimated. Notices of the elec- 
tion required herein shall be given in the manner provided 
by law for school elections. (102 v. 419.) 

A board of education can purchase a site, erect a school house, complete 
a partially built school house, etc. 

When a proposition for a bond issue for erection or equipment of a 
school house has been voted down three times, further submission of the 
proposition may be enjoined as an abuse of discretion and authority on the 
part of the board. 19 Dec. 80, 7 (N. S.) 590. 

From the language of relative statutory sections, and from the 
fact that the subject is treated under the head of schools, and 
from the further fact that the question is a purely local one, 
affecting only the voters of the school district in which it is held, 
a special election held upon the question of issuing bonds for 
school purposes is to be considered a school election under section 
5120, and returns thereof should be made to the clerk of the board 
of education of the district, and such board is the authority that 
shall first canvass said returns. — Attorney General, 1911-12, p. 507. 

When the electors of a school district have voted favorably 
upon the necessity of erecting a high school, there is no statutory 
limit as to the time when the board shall issue the bonds. The 
fact of the necessity which exists, however, and its recognition by 
the voters, imposes upon the board the obligation to proceed within 
a reasonable time. — Attorney General, 1911-12, p. 527. 

Where by popular vote the electors have authorized the cen- 
tralization of schools, but have later, by popular vote refused to 
authorize a bond issue necessary for a proper building for the 
purpose of such centralization, the centralization is not deemed 
complete until the voters have also authorized the "means" to 
carry it out and until such time the board of education may adhere 
to the old district school arrangement. — Attorney General, 1911-12, 
p. 1145. 

When it becomes necessary for a board of education to im- 
prove school buildings by reason of an order from the inspector 
of workshops and factories, and such improvements cannot be 
made within the ordinary limitations of the Smith tax law, 
and when furthermore the electors have repeatedly refused to 
authorize bond issues under sections 7625 and 7628, General Code, 
the board of education may have recourse to sections 7629 and 
7630, General Code. 

By these sections, they may issue bonds for this purpose in 
a sum not to exceed the amount of a tax at the rate of two mills 
for the year next preceding the issue, and may extend the payment 
of such bonds over a period of forty years. — Attorney General, 
1911-1912, p. 1384. 

When a village board of education was authorized by electors 
under section 7592, General Code, to levy an additional tax of 



198 SCHOOL HOUSES AND LIBRARIES. 

five mills for five years such board may proceed to issue bonds 
without further authorization of the electors, provided that the 
conditions of 7626 and 7679, General Code, with reference to the 
quality and nature of the bonds and the provisions of section 7629 
with reference to the amount of the bonds and the procedure of 
the board be complied with. — Attorney General, 1911-12, p. 534. 
The intention of 7625, General Code, is clearly expressed 
therein, to comprise within its terms the authority to call for an 
election upon the question of issuing bonds for the erection of a 
school house, as well as for the purpose for a site for such 
purpose. — Attorney General, 1911-12, p. 510. 

The language of the statutes will not permit of a construction 
allowing a board of education to erect an eight-room building in 
place of a four-room building mentioned in the resolution and 
notice in the bond issue proceedings for said purpose. 

Neither has the board power to construct an addition to^a 
school building in another part of the city not mentioned in 
said notice and resolution. — Attorney General, 1911-12, p. 1516. 

The statutes do not require or authorize publication of a resolu- 
tion of a board of education passed for the purpose of submitting 
to electors the question of issuing bonds for construction of a 
school building. 

Under section 7625, General Code, however, notices of the 
election shall be given in the manner provided by law for school 
elections, i. e,, under section 4839, General Code, such publication 
may be made by posting written or printed notices in five public 
places in the district at least ten days before the holding of the 
election, or it may be published in a newspaper of general circula- 
tion in the district, once at least ten days before holding of the 
election. — Attorney General, 1913, p. 1515. 

Written notice of special meeting necessary to render bonds issued 
thereat valid: Kateman, v. New Knoxville Sch. Dist. (Bd. of Ed.) 34 O. C. 
.C. 306, 15 (N. S.) 232. 

Inasmuch as the statutes do not prescribe otherwise, when a 
board of education sells bonds, the premium and accrued interest 
must, in accordance with the general rule that all accretions follow 
a trust fund, be credited to the fund for the purpose of which the 
bonds were sold. 

It is the object of the statutes to maintain a fair competition 
in the letting of bids, and when a board of education has received 
bids for the construction of a building, alterations may not be 
made in the plans and specifications, and the bids let, accommo- 
dated, by deductions or increases, to the changes made in the 
plans and specifications. 

The board of education may not expend any moneys derived 
by it from an issue of bonds, unless the clerk shall first certify 
that the money is in the treasury and not appropriated to any other 
purpose. Said board may, therefore, not enter into a contract for 
the construction of a building, the money for which is furnished 
by additional bonds, before the funds arising from such issue are 
in the treasury of the district. — Attorney General, 1912, p. 1249. 

A proposition for the centralization of schools under the 
provisions of Section 4726, General Code, and a proposition to issue 
bonds authorized by Section 7625, General Code, may both be sub- 
mitted to the electors of a rural school district at one election. — 
Attorney General, Opinion No. 41, 1915. 

Dayton board of education may levy two-tenths of a mill for training 
schools: 91 v. 865. 

This and the following sections are construed, in State, ex rel., v. Van 
Buren, 11 O. C C. 41, 5 O. C. D. 447. 

A contract for the building of a schoolhouse, at a cost in excess of the 
amount raised for that purpose from an issue of bonds, is not illegal and 
void for want of authority on the part of the board of education to make 
such a contract after having underestimated the amount of money needed: 
McAlexander v. School District, 7 O. N. P. (N. S.) 590, 19 O. D. (N. P.) 89. 

The clerk is required to give notice of all school elections: State, ex. 
rel., v. Coon, 4 O. C. C. (N. S.) 560, 16 O. C. D. 241. 



SCHOOL HOUSES AND LIBRARIES. 199 

Section 5654. The proceeds of a special tax, loan or proceeds of 
bond issue shall not be used for any other purpose than that |Sliino/bI^^^ 
for which the same was levied, issued or made, except as used for other 
herein provided. When there is in the treasury of any city, fr'a'rfsffr^'of 
village, county, township or school district a surplus of the surplus, 
proceeds of a special tax or of the proceeds of a loan or 
bond issue which cannot be used, or which is not needed 
for the purpose for which the tax was levied, or the loan 
made, or the bonds issued, all of such surplus shall be 
transferred immediately by the officer, board or council 
having charge of such surplus, to the sinking fund of such 
city, village, county, township or school district, and there- 
after shall be subject to the uses of such sinking fund. (103 
V. 521.) 

Section 5656. The trustees of a township, the board Power to bor- 
of education of a school district and the commissioners of [fme.^of^dSt!^ 
a county for the purpose of extending the time of payment 
of any indebtedness, which from its limits of taxation such 
township, district or county is unable to pay at maturity, 
may borrow money or issue the bonds thereof, so as to 
change, but not increase the indebtedness in the amounts, 
for the length of time and at the rate of interest that said 
trustees, board or commissioners deem proper not to exceed 
the rate of six per cent per annum payable annually or 
semi-annually. (97 v. 514.) 

A board of education may borrow money under Section 5656, 
General Code, to pay obligations incurred in furnishing the trans- 
portation to pupils which the law requires to be furnished, such 
expense being a charge against the district, regardless of the ex- 
istence of sufficient funds in the district treasury, and the contract 
for transportation being at least in the nature of an employment 
contract. 

It is not a condition precedent to the exercise of power under 
said section that previously incurred floating or funded indebted- 
ness has been created under the same section, that is, it is not 
necessary that the one debt shall be extinguished before the time 
of payment of the other is extended. — Attorney General, Opinion 
No. 1226, 1914. 

The decision in the case of Rabe et al. v. Broad of Education, 
does not in any way aflfect the rights of the Board of Education 
under Section 5656. General Code. — Attorney General, Opinion 
No. 926, May 11, 1914. 

A board of education may borrow money under Section 5656, 
General Code, for the purpose of paying unpaid installments of 
teachers' salaries. 

Bonds may not be issued under this section, however, unless 
within the limitations of the law interest and sinking fund levies 
sufificient to retire them may be made during the years for which 
they are to ryn. Such interest and sinking fimd levies being pre- 
ferred to current levies by the Act found in 104 O. L. 12, the board 
should anticipate its needs for current purposes and its needs for 
interest and sinking fund purposes and so apportion its indebted- 
ness as not to impair its future revenues for either purpose. — 
Attorney General, Opinion No. 178, March 27, 1915. 

When a board of education has been authorized to issue 
bonds in the sum of twenty-five thousand dollars for the erection 
of a building and has so done, and later on order of the inspector 
of workshops and factories makes necessary a further expenditure 
of seven thousand dollars which the electors have twice refused 



200 SCHOOL HOUSES AND LIBRARIES. 

the authority to liquidate, the board may fund such indebtedness 
by issuing bonds under Section 5656 General Code. — Attorney 
General, 1911-12, p. 1339. 

The board of education under sections 5656 and 5658, G; C., 
may fund valid existing and binding indebtedness to meet current 
binding obligations which they are unable to pay by reason of the 
limits of taxation. 

The salary of a teacher is such a binding obligation as to be 
within this rule. — Attorney General, 1911-12, p. 522. 

State aid to board of education under Section 7595, General 
Code, is to be granted only when the maximum legal levy is insuffi- 
cient to pay its teachers a minimum salary of forty dollars per 
month for eight months of the year, and then only when the 
numbers of persons of school age in the district is twenty times 
the number of teachers employed therein. 

Where the shortage arises without these limitations as by 
reason of inability to comply with contract to pay teachers fifty 
dollars per month such indebtedness is a "valid existing and 
binding one" and if the board is un9.ble to meet the same by 
reason of taxation limitations bonds may be issued and the debts 
funded under authority of Sections 5656, 5658 and 5659, General 
Code. — Attorney General, 1911-12, p. 529. 

Section 5656, General Code, empowers the board of education 
when pressed by reason of taxation limitations to issue bonds or 
borrow money for the purpose of meeting such valid existing 
and binding indebtedness among its running expenses as are ex- 
cepted under section 5661, General Code, from the necessity of 
the Auditor's Certificate to the effect that funds are in the treasury. 

The power is extended alone to these enumerated expenses, 
namely: "Contracts authorized to be made by other provisions 
of law for the employment of teachers, officers and other school 
employes of boards of education." — Attorney General, 1911-12; p. 
551. 

It is recommended to proceed under Sections 2296-2302, 
General Code, to obtain authority of the court to transfer to the 
sinking fund. 

Though bonds levied for the purpose aforesaid are within 
the limitations of the Smith law, the holders of these bonds may 
compel the making of such levies as are pledged for their retire- 
ment, and therefore the budget commissioners must make the neces- 
sary reductions upon the amounts to be levied for other township, 
county, municipal or educational purposes. — Attorney General, 
1911-12, p. 1424. 

Whether this and the following sections are constitutional or not was 
discussed but not decided in Bower, v. Board of Education, 8 O. C. C. (N. 
S.) 305, 18 O. C. D. 624. 

Power to ex- SECTION 5657. When it appears to the trustees of a 

change bonds, township, board of education of a school district or com- 
missioners of a county, to be for the best interests of such 
township, school district or county to renew, refund or ex- 
tend the time of payment of any bonded indebtedness which 
has not matured and thereby reduce the rate of interest 
thereon, they may issue, for that purpose, new bonds, and 
exchange the bonds with the holder or holders of such out- 
standing bonds if such holder or holders consent to make 
such exchange and to such reduction of interest. (97 v. 
514-) 

The board of education under sections 5656 and 5658 G. C, 
may fund valid existing and binding indebtedness to meet current 
binding obligations which they are unable to pay by reason of 
the limits of taxation. 

The salary of a teacher is such a binding obligation as to be 
within this rule. — Attorney General, 1911-12, p. 522. 



SCHOOL HOUSES AND LIBRARIES. 20I 

Section 5656, General Code, empowers the board of educa- 
tion when pressed by reason of taxation limitations to issue bonds 
or borrow money for the purpose of meeting such valid existing 
and binding indebtedness among its running expenses as are 
excepted under section 5661, General Code, from the necessity of 
the Auditor's Certificate to the effect that funds are in the 
treasury. 

The power is extended alone to these enumerated expenses, 
namely : "Contracts authorized to be made by other provisions of 
law for the employment of teachers, officers and o.ther school em- 
ployes of boards of education." — Attorney General, 1911-12, p 
551. 

It is recommended to proceed under Section 2296-2302, Gen- 
eral Code, to obtain authority of the court to transfer to the 
sinking fund. 

Though bonds levied for the purpose aforesaid are within 
the limitations of the Smith law, the holders of these bonds may 
compel the making of such levies as are pledged for their retire- 
nuent, and therefore the budget commission must make the 
necessary reductions upon the amounts to be levied for other 
township, county, municipal or educational purposes. — Attorney 
General, 1911-12, p. 1424. 

The decision in the case of Rabe et al v. Board of Education, 
does not in any way affect the rights of the Board of Education 
under Section 5656, General Code. — Attorney General, Opinion 
926, May 11, 1914. 

County commissioners are authorized by this section to issue new bonds 
and to exchange them for outstanding bonds, but they are not authorized to ex- 
change them for the promissory notes or other evidences of the debt of the 
county: Commissioners, v. State, 78 O. S. 287. 

Section 5658, No indebtedness of a township, school Resolution as 
district or county shall be funded, refunded or extended *^ ^"^^ ^^^^^' 
unless such indebtedness is first aetermined to be an exist- 
ing, valid and binding obligation of such township, school 
district or county by a formal resolution of the trustees, 
board of education or commissioners thereof, respectively. 
Such resolution shall state the amount of the existing in- 
debtedness to be funded, refunded or extended, the aggre- 
gate amount of bonds to be issued therefor, their number 
and denomination, the date of their maturity, the rate of 
interest they shall bear and the place of payment of prin- 
cipal and interest. (97 v. 514.) 

When a board of education has been authorized to issue 
bonds in the sum of twenty-five thouoand dollars for the erection 
of a buliding and has so done, and later on order of the inspector 
of workshops and factories makes necessary a further expenditure 
of seven thousand dollars which the electors have twice refused 
the authority to liquidate, the board may fund such indebtedness 
by issuing bonds under Section 5656, General Code. — Attorney 
General, 1911-12, p. 1339. 

The board of education under sections 5656 and 5658, G. C, 
may fund valid existing and binding indebtedness to meet current 
binding obligations which they are unable to pay by reason of the 
limits of taxation. 

The salary of a teacher is such a binding obligation as to 
be within this rule. — Attorney General, 1911-12, p. 522. 

State aid to board of education under Section 7595, General 
Code, is to be granted only when the maximum legal levy is 
insufficient to pay its teachers a minimum salary of forty dollars 
per month for eight months of the year, and then only when the 
numbers of persons of school age in the district is twenty times 
the number of teachers employed therein. 



202 



SCHOOL HOUSES AND LIBRARIES. 



Levy to meet 
payment of 
bonds. 



Taxing dis- 
tricts author- 
ized to issue 
bonds when 
50% of tax 
collection is 
enjoined or 
in litigation. 



Where the shortage arises without these limitations as by 
reason of inability to comply with contract to pay teachers fifty 
dollars per month' such indebtedness is a "valid existing and bind- 
ing one" and if the board is unable to meet the same by reason 
of taxation limitations bonds may be issued and the debts funded 
under authority of Sections 5656, 5658 and 5659, General Code. — 
Attorney General, 1911-12, p. 529. 

Section 5656, General Code, empowers the board of educa- 
tion when pressed by reason of taxation limitations to issue bonds 
or borrow money for the purpose of meeting such valid existing 
and binding indebtedness among its running expenses as are ex- 
cepted under section 5661, General Code, from the necessity of 
the Auditor's Certificate to the effect that funds are in the 
treasury. 

The power is extended alone to these enumer^te:d expenses, 
namely: "Contracts authorized to be made by other provisions of 
law for the employmnet of teachers, officers and other school em- 
ployes of boards of education." — Attorney General, 1911-12, p. 
551. 

The decision in the case of Rabe et al v. Board of Education, 
does not in any way affect the right of the Board of Education 
under Section 5656, General Code. — Attorney General Opinion 
No. 926, May 11, 1914. 

Section 5659. For the payment of the bonds issued 
under the next three preceding sections, the township trus- 
tees, board of education or county commissioners shall levy 
a tax, in addition to the amount otherwise authorized, each 
year during the period the bonds have to run sufficient in 
amount to pay the accruing interest and the bonds as they 
mature. (97 v. 514.) 

When a board of education has been authorized to issue 
bonds in the sum of twenty-five thousand dollars for the erection 
of a building and has so done, and later on order of the inspector 
of workshops and factories makes necessary a further expenditure 
of seven thousand dollars which the electors have twice refused 
the authority to liquidate, the board may fund such indebtedness 
by issuing bonds under Section 5656, General Code, — Attorney 
General, 1911-12, p. 1339. 

State aid to board of education under Section 7595, General 
Code, is to be granted only when a maximum legal levy is insuffi- 
cient to pay its teachers a minimum salary of forty dollars per 
month for eight months of the year, and then only when the 
numbers of persons of school age in the district is twenty times . 
the number of teachers employed therein. 

, Where the shortage arises without these limitations as by 
reason of inability to comply with contract to pay teachers fifty 
dollars per month such indebtedness is a "valid existing and 
binding one" and if the board is unable to meet the same by 
reason of taxation limitations bonds may be issued and the debts 
funded under authority of Sections 5656, 5658 and 5659, General 
Codt. — Attorney General, 1911-12, p. 529. 

The decision in the case of Rabe et al v. Board of Educa- 
tion, does not in any way affect the rights of the Board of Educa- 
tion under Section 5656, General Code. — Attorney General, 
Opinion No. 926, May 11, 1914. 

Section 5659-1. All municipal corporations, the 
board of education of any district and the commissioners 
of any county, through their proper officers, shall have 
power to borrow money and to issue bonds in payment 
therefor, to provide funds, to meet the payment of current 
expenses and sinking fund indebtedness, when the coUec- 



SCHOOL HOaSES AND LIBRARIES. 



203 



tion of general taxes aggregating fifty percent (50%) or 
more of the general tax duplicate, for any fiscal year, of 
their respective taxing districts, has been enjoined by any 
court or the collection of which is in litigation. The bonds 
so issued may be made to run for a term not to exceed 
ten years and shall not bear a greater rate of interest than 
six per cent (6%), nor be sold for less than par with ac- 
crued interest. All moneys received from the sale of bonds, 
as herein provided, shall become a part of the general fund 
of the taxing district wherein bonds are so issued, and 
shall be used for only such purposes as the enjoined or 
otherwise litigated collection of taxes were appropriated for. 
(106 V. II.) 



Section 5659-2. All tax collections which are paid 
into the treasury of any taxing district, which have there- 
tofore been enjoined or the collection of which has been 
in litigation, and for which deficit bonds have been issued, 
under authority of the preceding section, shall be turned 
over to the trustees of the sinking fund of said taxing dis- 
trict, to be applied toward the payment of the principal and 
interest of the deficit bonds so issued. (106 v. 11.) 



Application 
of money 
derived from 
bond issue. 



Section 5660. The commissioners of a county, the 
trustees of a township and the board of education of a 
school district, shall not enter into any contract, agreement 
or obligation involving the expenditure of money, or pass 
any resolution or order for the appropriation or expenditure 
of money, unless the auditor or clerk thereof, respectively, 
first certifies that the money required for the payment of 
such obligation or appropriation is in the treasury to the 
credit of the fund from which it is to be drawn, or has 
been levied and placed on the duplicate, and in process of 
collection and not appropriated for any other purpose; 
money to be derived from lawfully authorized bonds sold 
and in process of delivery shall, for the purpose of this sec- 
tion, be deemed in the treasury and in the appropriate fund. 
Such certificate shall be filed and forthwith recorded, and 
the sums so certified shall not thereafter be considered un- 
appropriated until the county, township or board of educa- 
tion, is fully discharged from the contract, agreement or ob- 
ligation, or as long as the order or resolution is in force, 
(loi V. 37.) 



Certificate, 
what to 
specify. 



Filing and 
recording. 



Payment of counsel employed by de jure board of education to test 
legality of board enjoined for failure to file clerk's certificate of funds avail- 
able: Caldwell v. Marvin, 20 Dec. 715 (8 N. S. 387). 

Township trustees act as a board of health in making provision for 
infectious diseases: Knauss v. Bader, 22 Dec. 59 (11 N. S. 495). 

This section insofar as it applies to boards of education is unconstitu- 
tional for lack of uniformity of operation; and failure on the part of a board 
of education to comply with the requirements of this section in incurring an 
obligation does not render the obligation void: Bower v. Board of Education, 
8 O. C. C. (N. S.) 305. 

Failure of the auditor or clerk to first certify that the money necessary 
to meet the expense of building a new schoolhouse is in the treasury to the 
credit of the fund from which it is to be drawn, or has been levied and is in 
process of collection and has not been appropriated for any other purpose. 



204 



Exceptions 
thereto. 



SCHOOL HOUSES AND LIBRARIES. 

renders the contract void under G. C. Sec. 3806: McAlexander v. Haviland 
School District, 7 O. N. P. (N. S.) 590. 

Section 5661. All contracts/ agreements or obliga- 
tions, and orders or resolutions entered into or passed con- 
trary to the provisions of the next preceding section, shall 
be void, but such section shall not apply to the contracts 
authorized to be made by other provisions of law for the 
employment of teachers, officers, and other school employes 
of boards of education. (99 v. 520.) 



It cannot be too often repeated that a board of education speaks only 
through Its records. Its acts, findings, and determinations are only known by 
its records. Hence, although the words of the statute may not clearly settle 
the question, yet it is safest to assume that this determination is to be an 
offlcial determination. Purchases of bonds are likely to scrutinize such mat- 
ters closely, and they will question whether the board acquires jurisdiction to 
take steps for raising a tax unless it first officially "ascertains and "deter- 
mines" all the preliminary facts mentioned in the statute, and makes a record 
of such finding. 

Section 5656, General Code, empowers the board of education 
when pressed by reason of taxation limitations to issue bonds or 
borrow rnoney for the purpose of meeting such valid existing 
and binding indebtedness among its running expenses as are 
excepted under section 5661, General Code, from the necessity of 
the Auditor's Certificate to the effect that the funds are in the 
treasury. 

The power is extended alone to these emunerated expenses, 
namely: "Contracts authorized to be made by other provisions of 
law for the employment of teachers, officers and other school em- 
ployes of boards of education." — Attorney General 1911-12, p. 
551. 

Township trustees are not authorized to loan the township 
Board of Education surplus funds. — Attorney General, Opinion 
No. 908, 1914. 

A board of education may borrow money under Section 5656, 
General Code, to pay obligations incurred in furnishing the 
transportaiton to_ pupils which the law requires to be furnished, 
such expense being a charge against the district, regardless of 
the existence of suificient funds in the district treasury, and the 
contract for transportaiton being at least the nature of an em- 
ployment contract. 

It is not a condition precedent to the exercise of power 
under said section that previously incurred floating or funded 
indebtedness has been created under the same section, that is, it is 
not necessary that the one debt shall be extinguished before the 
time of payment of the other is extended. — Attorney General, 
Opinion No. 1226, 1914. 



Auditor shall Section 5699. The couuty auditor shall carefully as- 

amouS." certain the net amount of taxes collected for each particular 

purpose. (103 v. 521.) 



If question 
approved, 
board may 
issue such 
bonds. 



Section 7626. If a majority of the electors, voting on 
the proposition to issue bonds, vote in favor thereof, the 
board thereby shall be authorized to issue bonds for the 
amount indicated by the vote. The issue and sale thereof 
shall be provided for by a resolution fixing the amount of 
each bond, the length of time they shall run, the rate of \r\- 
terest they shall bear, and the time of sale. Such bonds 
shall be sold in the manner provided by law. (iq6 v. 492.) 



SCHOOL HOUSES AND LIBRARIES. 205 

Section 7629, General Code, still empowers the board of 
education to issue such amount of bonds without authority of 
electors in any one year as does not exceed in the aggregate a 
tax of two mills for the year next preceding the next issue. The 
limitaitons of the Smith law must be observed, however. — At- 
torney General, 1911-12, p. 1332. 

There is no provision of law other than Secitons 7626, et 

seq., General Code, whereby boards of education authorized by 

-vote under Section 4726 to centralize schools may borrow money 

with which to erect a centralized school building. — Attorney 

General, Opinion No. 913, 1914. 

When a village board of education was authorized by 
electors under section 7592, General Code, to levy an additional 
tax of live mills for five years such board may proceed to issue 
bonds without further authorization of the electors, provided 
that the conditions of 7626 and 7679, General Code, with reference 
to the quality and nature of the bonds and the provisions of sec- 
tion 7629 with reeference to the amount of the bonds and the 
procedure of the board to be complied with. — Attorney General, 
1911-12, p. 534. 

As to sale of public bonds, see G. C. Sections 2294 and 2295. 

Section 7627. Such bonds shall bear a rate of inter- Requisites 
est not to exceed six per cent per annum payable semi-an- °^ bonds, 
nually, be made payable within at least forty years from 
the date thereof, be numbered consecutively, made payable 
to the bearer, and be signed by the president and clerk of 
the board of education. The clerk of the board must keep 
a record of the number, date, amount and the rate of in- 
terest of each bond sold, the amount received for it, the 
name of the person to whom sold, and the time when pay- 
able, which record shall be open to the inspection of the 
public at all reasonable times. Bonds so issued shall in no 
case be sold for less than their par value and accrued inter- 
est. (106 V. 492.) 

When it becomes necessary for a board of education to im- 
prove school buildings by reason of an order from the inspector 
of workshops and factories, and such improvements cannot be 
made within thee ordinary limitations of the Smith tax law, and 
when furthermore the electors have repeatedly refused to au- 
thorize bond issues under sections -7625 and 7628, General Code, 
the board of education may have recourse to sections 7629 and 
7630, General Code. 

By these sections, they may issue bonds for this purpose in a 
sum not to exceed the amount of a tax at the rate of two mills 
for the year next preceding the issue, and may extend the pay- 
ment of such bonds over a preiod of forty years. — Attorney 
General, 1911-12, p. 1384. 

When a village board of education was authorized by 
electors under section 7592, General Code, to levy an additional 
tax of five mills for five years such board may proceed to issue 
bonds without further authorization of the electors, provided that 
the conditions of 7626 and 7679, General Code, with reference to 
the quality and nature of the bonds and the provisions of sections 
7629 with reference to the amount of the bonds and the procedure 
of the board to be complied with. — Attorney General, 1911-12, p. 
534. 

Section 7629, General Code, still empowers the board of 
education to issue such amount of bonds without authority of 
electors in any one year as does not exceed in the aggregate a tax 



206 SCHOOL HOUSES AND LIBRARIES. 

of two mills for the year next preceding the issue. The limita- 
tions of the Smith law must be observed, however. — Attorney 
General, 1911-12, p. 1332. 

Tax lew to SECTION 7628. When an issue of boncjs has been pro- 

thus^ssuld. vided for under the next three preceding sections, the board 
of education, annually, shall certify to the county auditor 
or auditors as the case may require, a tax levy sufficient to 
pay such bonded indebtedness as it falls due together with 
accrued interest thereon. Such county auditor or auditors 
must place such levy on the tax duplicate. It shall be col- 
lected and paid to the board of education as other taxes 
are. Such tax levy shall be in addition to the maximum 
levy for school purposes, and must be kept in a separate 
fund and applied only to the payment of the bonds and in- 
terest for which it was levied. (97 v. 358.) 

Mandamus is the proper remedy to compel the board to appropriate 
moneys already in their treasury for that purpose, toward the payment of 
such bonds, and to levy such tax as may be necessary to complete such 
payment: 27 O, S. 96. 

When a joint school district is formed for high school pur- 
poses by a township school district and an adjoining village dis- 
trict, such district becomes one district and taxes for the support 
of the same must be borne by the respective joined districts in 
proportion to the total valuation of the property in each, not- 
withstanding the fact that the village district sends the most pupils 
and has the smallest valuation. — Attorney General, 1911-12 o. 
1042. 

. When it becomes necessary for a board of education to Irn- 
prove school buildings by reason of an order from the inspector 
of workshops and factories, and such improvements cannot be 
made within the ordinary limitations of the Smith tax law, and 
when furthermore the electors have repeatedly refused to au- 
thorize bond issues under Sections 7625 and 7628, General Code, 
the board of education may have recourse to Sections 7629 and 
7630, General Code. 

By these sections, they may issue bonds for this purpose in 
a sum not to exceed the amount of a tax at the rate of two mills 
for the year next preceding the issue, and may extend the pay- 
ment of such bonds over a period of forty years. — Attornev 
General, 1911-12, p. 1384. 

Advertisement SECTION 2294. All bouds issued by boards of 

of public county commissioners, boards of education, township trus- 

bonds. tees, or commissioners of free turnpikes, shall be sold to 

the highest bidder after being advertised once a week for 
three consecutive weeks and on the same day of the week, 
in a newspaper having general circulation in the county 
where the bonds are issued, and, if, the amount of bonds 
to be sold exceeds twenty thousand dollars, like publica- 
tions shall be made in an additional newspaper having gen- 
eral circulation in the state. The advertisement shall state 
the total amount and denomination of bonds to be sold, 
how long they are to run, the rate of interest to be paid 
thereon, whether ' annually or semi-annually, the law or 



SCHOOL HOUSES AND LIBRARIES 20'J 

section of law authorizing the issue, the day, hour and 
place in the county where they are to be sold. (io6 v. 492.) 

The county commissioners should be able to secure money 
for their immediate needs for the relief of the poor by issuing 
notes themselves, conditioned upon the subsequent issue of bonds. 
Persons lending money on notes of this kind should first see that 
the county is able to float its bonds when issued. — Attorney 
General, Opinion No. 742, 1914. 

It is necessary to adevrtise the sale of 'bonds by a board of 
education under Section 7626, G. C, and a board of education is 
not authorized to dispense with competitive bidding in the sale of 
the same. 

A board of education which has advertised the sale of bonds 
bearing a certain rate of interest, and has received no bids for 
the same, and which then proceeds by resolution to raise the rate 
of interest on said bonds, must again offer said bonds i^ the board 
of commissioners of the sinking fund of the school district, if 
such there be, and then to the Industrial Commission of Ohio, 
prior to again advertising the same for sale. — Attorney General, 
Opinion No. 79, 1915. 

See G. C. Sections 7626, 7627 and 7629 as to sale of bonds by boards of 
education. 

Cleveland school building bond issue subject to this law: 93 v. 459. 

^ As to sale of bonds by boards of educaiton see G. C. Sec. 7626, et seq. 

Section 2295. None of such bonds shall be sold for ^io^ sold; 
less than the face thereof with any interest that may have yhen bids' re^ 
accrued thereon, and the privilege shall be reserved of re- ^^^ ^ ' 
jection of any or all bids. When such bonds have been 
once advertised and offered at public sale, as provided by 
law, and they, or any part thereof, remain unsold, those 
unsold may be sold at private sale at not less than their 
par value and accrued interest. All moneys from the prin- 
cipal on the sale of such bonds shall be credited to the 
fund on account of which the bonds are issued and sold, 
and all moneys from premiums and accrued interest on the 
sale of such, bonds shall be credited to the sinking fund 
from which said bonds are to be redeemed. (106 v. 492.) 

Section 2295-1. That all bonds, hereafter issued by Endorsement, 
any county, city or city school district within this state, 
except those issues permanently held by the sinking fund 
trustees of the municipality issuing same, may have, en- 
dorsed thereon, a certificate attesting the genuineness of 
the signatures thereto signed by a registrar legally author- 
ized and qualified to act therein. (loi v. 256.) 



Section 2295-2. That every county, city or city Registrar; 
school district within this stat^^ having the power to issue appointment 
such bonds, shall have the power to employ such registrar, sation. 
the compensation of which together with all proper ex- 
penses incident to such certification shall be paid on the 
allowance of such authority out of the county, city or city 
school district treasury or fund benefited or to be benefited 
by the sale of such bonds, as the case may be. (lOi v. 

256.) 



>o8 



SCHOOL HOUSES AND LIBRARIES. 



Certified tran- 
script of por- 
ceedings re- 
quired to be 
furnished suc- 
cessful bidder 
for bonds by 
certain 
officers. 



Attached 
statement of 
indebtedness 
by auditor. 



Penalty for 
certifying 
false transcript 
or statement. 



Re-issue of 
lost or 
destroyed 
bonds or 
certificates. 



Notice of 
sale ; pub- 
lication. 



Section 2295-3. That it shall be the duty of the 
clerk, or other ofticer having charge of the minutes of the 
council of any municipal corporation, board of county 
commissioners, board of education, township trustees, or 
other district or political subdivisions of this state, that 
now has or may hereafter have, the power to issue bonds, 
to furnish to the successful bidder for said bonds, a true 
transcript certified by him of all ordinances, resolutions, 
notices and other proceedings had with reference to the 
issuance of said bonds, including a statement of the 
character of the meetings at which said proceedings were 
had, the number of members present, and such other in- 
formation from the records as may be necessary to deter- 
mine the regularity and validity of the issuance of said 
bonds; that it shall be the duty of the auditor or other 
officer, having charge of the accounts of said corporation 
or political subdivision, to attach thereto a true and correct 
statement certified by him of the indebtedness, and, of the 
amount of the tax duplicate thereof, and such other infor- 
mation as will show whether or not said bond issue is 
within any debt or tax limitation imposed by law. (103 
V. 179.) 

Section 2295-4. Any such clerk or officer, or any 
deputy or subordinate thereof, who shall knowingly make 
or certify a false transcript or statement in respect to any 
of the matters hereinabove set forth, shall be guilty of a 
misdemeanor and be fined not less than twenty-five 
($25.00) dollars, nor more than five hundred ($500.00) 
dollars, or imprisoned not exceeding one year, or both. 
(103 V. 179.) 

Section 2295-5. Whenever bonds, notes or cer- 
tificates of indebtedness, issued by a municipal corporation, 
school district, county, township, or other political subdi- 
vision or taxing district of this state, are lost or destroyed, 
said corporation, school district, county, township, sub- 
division or district may reissue to the holder or holders 
duplicates thereof in the same form and signed as the 
original obligations were signed, which obligation so issued 
shall plainly show upon its face as being a duplicate of 
such lost bond, note or certificate, upon proof of such 
loss or destruction and upon being furnished with a bond 
of indemnity against all loss or liability for or on account 
of the obligations so lost or destroyed. (106 v. 303.) 

Section 3924. Sales of bonds, other than to the 
trustees of the sinking fund of the city or to the board of 
commissioners of the sinking fund of the city school dis- 
trict as herein authorized, by any municipal corporation, 
shall be to the highest and best bidder, after publishing 
notice thereof for four consecutive weeks in two news- 
papers printed and of general circulation in the county 
where such municipal corporation is situated, setting forth 



SCHOOL HOUSES AND LIBRARIES. - 209 

the nature, amount, rate of interest, and length of time 
the bonds have to run, with the time and place of sale. 
Additional notice may be published outside of such county 
by order of the council, but when such bonds have been 
once so advertised and offered for public sale, and they, 
or any part thereof, remain unsold, those unsold may be 
sold at private sale at not less than their par value, under 
the directions of the mayor and the officers and agents of 
the corporation by whom such bonds have been, or may 
be, prepared, advertised and offered at public sale. (io6 
v. 492.) 

Section 7629. The board of education of any issue of bonds 
school district may issue bonds to obtain or improve public gJuJa^don^ °^ 
school property, and in anticipation of income from taxes, 
for such purposes, levied or to be levied, from time to 
time, as occasion requires, may issue and sell bonds, under 
the restrictions and bearing a rate of interest specified in 
sections seventy-six hundred and twenty-six and seventy- 
six hundred and twenty-seven. The board shall pay such 
bonds and the interest thereon when due, but provide that 
no greater amount of bonds be issued in any year than 
would equal the aggregate of a tax at the rate of two mills, 
for the year next preceding such issue. The order to issue 
bonds shall be made only at a regular meeting of the board 
and by a vote of two-thirds of its full membership, taken 
by yeas and nays and entered upon its journal. (97 v. 

358.) 

On authority of Rabe v. Board of Education, 88 O. S., 403, 
Section 7629, General Code, providing for the issuance of bonds 
under certain circumstances, by boards of education, is still in 
effect. This opinion discusses the present operation under the 
Smith Law and Article XII, Section 11 of the Constitution. — 
Attorney General, Opinion No. 1088, 1914. 

When it becomes necessary for a board of education to 
improve school buildings by reason of an order from the inspector 
of workshops and factories, and such improvements cannot be 
made within the ordinary limitations of the Smith tax law, and 
when furthermore the electors have repeatedly refused to authorize 
bond issues under sections 7625 and 7628, General Code, the board 
of education may have recourse to section 7629 and 7630, General 
Code. 

By these sections, they may issue bonds for this prurpose 
in a sum not to exceed the amount of a tax at the rate of two 
mills for the year next preceding the issue, and may extend the 
payment of such bonds over a period of forty years. — Attorney 
General, 1911-12, p. 1384. 

Section 7629, General Code, still empowers the board of 
education to issue such amount of bonds without authority of 
electors in any one year as does not exceed in the aggregate a tax 
of two mills for the year next preceding the next issue. The 
limitations of the Smith law must be observed, however. — At- 
torney General, 1911-12, p. 1332. 

There is no provision of law other than Sections 7626, et 
seq.. General Code, whereby boards of education authorized by 
vote under Sections 4726 to centralize schools may borrow money 
with which to erect a centralized school building. — Attorney 
General, Opinion No. 913, 1914. 

14 s. i<. 



210 SCHOOL HOUSES AND LIBRARIES. 

In order to obtain or improve school property, a board of 
education may issue and sell bonds. No greater amount of bonds 
can be issued in one year than would equal the aggregate of a tax 
at the rate of two mills for the year next preceding such issue. 

The order to issue bonds shall be made only at the regular 
meeting of the board and by a two-thirds vote of the full member- 
ship of the board. — Attorney General, 1913, p. 1317. 

A levy of taxes made by a board of education for the pur-_ 
pose of providing for the payment of bonds issued in anticipation 
thereof, under authority of section 7629, General Code, must be 
made within the limitations of the Smith One Per cent Law, and 
also within the five mill limitation, applicable to boards of educa- 
tion as such, and prescribed by Section o649-3a, General Code. — 
Attorney General, 1913, p. 1381. 

When it becomes necessary for a board of education to 
improve school building by reason of an order from the inspector 
of workshops and factories, and such improvements cannot be 
made within the ordinary limitations of the Smith tax law, and 
when furthermore the electors have repeatedly refused to authorize 
bond issues under Sections 7625 and 7628, General Code,' the board 
of education may have recourse to Sections 7629 and 7630, General 
Code. 

By these sections, they may issue bonds for this purpose in 
a sum not to exceed the amount of a tax at the rate of two mills 
for the year next preceding the issue, and may extend the pay- 
ment of such bonds over a period of forty years. — Attorney 
General, 1911-12, p. 1384. 

A board of education, under the provisions of an act authorizing it to 
borrow money to pay existing indebtedness, by the issue and sale of bonds 
bearing interest at a rate not exceeding eight per cent, per annum, payable 
semi-annually, agreed to borrow a sum of money at an aggregate rate of 
interest of fifteen per cent, in manner following: For the amount so to be 
borrowed bonds were to be issued, bearing the authorized rate of interest, 
and for the excess of interest orders on the treasury were to be issued pay- 
able at the same time as the legal interest. The bonds were regularly issued, 
bearing eight per cent, interest, and sold at par, and the money was received 
and used as authorized. For the excess of interest orders on the treasury 
were at the same time issued and delivered to the purchaser, as agreed to by 
the parties, but were never presented for payment, and after their maturity 
he offered to return them for cancellation. It was held that this agreement to 
pay excess of interest is void, and having never been executed in whole or in 
part, will not avoid a recovery on the bonds. 

The fact that such agreement for unlawful interest was made, does not 
make the purchaser chargeable with notice of prior fraudulent practices of- 
members of the board in incurring the debt for the payment of which the 
money was harrowed, which had no connection with the sale of the bonds, 
and of which the purchaser had no knowledge: State, ex rel., v. Board of 
Education, 35 O. S. 519. 

A board of education being authorized by a special act to issue its 
bonds to an amount not to exceed the sum of $20,000, issued the same to the 

full extent of its authority, payable to , or bearer; 

and thereafter took up and paid certain of such bonds and left them with its 
treasurer, who was a member of such board, with instructions to cancel them, 
which he failed to do, but negotiated them, before maturity to S., as collateral 
security for a loan made to him by S., who made no inquiry in regard to 
them. It was held that the payment of the bonds by the board extinguished 
them, and they were incapable of being reissued. There was no negligence on 
the part of the board in not seeing that its treasurer complied with its instruc- 
tions to cancel the bonds. S. was guilty of contributory negligence in taking 
the bonds without inquiry: Board of Education v. Sinton, 14 O. S. 504. 

Sections 5649-2, et seq., limit rate of taxation and repeal by implication 
existing conflicting statutes: Rabe v. Canton Sch. Dist. (Bd. of Ed.), 88 
O. S. 403. 

Lin^i^ of Section 7630. In no case shall a board of educa- 

issue. tion issue bonds under the provisions of the next preced- 

ing section in a greater amount than can be provided for 
and paid with the tax levy authorized by sections seventy- 
five hundred and ninety-one and seventy-five hundred and 
ninty-two, and paid within forty years after the issue on 
the basis of the tax valuation at the time of issue. (97 
V. 358.) 



SCHOOL HOUSES AND LIBRARIES. 211 

When it becomes necessary for a board of education to im- 
prove school buildings by reason of an order from the inspector 
of workshops and factories, and such improvements cannot be 
made within the ordinary limitations of the Smith tax law, and 
when furthermore the electors have repeatedly refused to authorize 
bond issues under sections 7625 and 7628, General Code, the board 
of education may have recourse to sections 7629 and 7630, General 
Code. 

By these sections, they may issue bonds for this purpose 
in a sum not to exceed the amount of a tax at the rate of two 
mills for the year next preceding the issue, and may extend the 
payment of such bonds over a period of forty years. — Attorney 
General, 1911-12, p. 1384. 

When a village board of education was authorized by electors 
under section 7592, General Code, to levy an additional tax of 
five mills for five years such board may proceed to issue bonds 
without further authorization of the electors, provided that the 
conditions of 7626 and 7679, General Code, with reference to the 
quality and nature of the bonds and the provisions of section 
7629 with reference to the amount of the bonds and the pro- 
cedure of the board be complied with. — Attorney General, 1911- 
12. p. 534. 

When the tax duplicate of the preceding year is such that 
a tax of two mills would raise only $2,600.00' the board of educa- 
tion may not expend for the construction of a school house the 
sum of $3,300.00 without first submitting the question of ex- 
penditure to a vote of the people. — Attorney General, 1913, p. 
1345. 

The decision in the case of Rabe et al. v. Board of Educa- 
tion, does not in any way affect the rights of the Board of 
Education under Section 5656, General Code. — Attorney General, 
Opinion No. 926, May 11, 1924. 

There is no provision of law other than Section 7626, et seq., 
General Code, whereby boards of education authorized by vote 
under Section 4726 to centralize schools may borrow money with 
which to erect a centralized school building. — Attorney General, 
Opinion No. 913, May 4, 1914. 

Section 7629, General Code, still empowers the board of 
education to issue such amount of bonds without authority of the 
electors in any one year as does not exceed in the aggregate a tax 
of two mills for the next year preceding the issue. The limitation 
of the Smith law must be observed, however. — Attorney Gen- 
eral, 1911-12, p. 1332. 

Section 7630-1. If a school house is wholly or Replacement 
partly destroyed by fire or other casualty, or if the use of hLses^con- 
any schoolhouse for its intended purpose is prohibited by damned or 
any order of the chief inspector of workshops and factor- 
ies, and the board of education of the school district is 
without sufficient funds applicable to the purpose, with 
which to rebuild or repair such school house or to con- 
struct a new schoolhouse for the proper accommodation 
of the schools of the district, and it is not practicable to 
secure such funds under any of the six preceding sections 
because of the limits of taxation applicable to such school 
district, such board of education may, subject to the pro- 
visions of sections seventy-six hundred and twenty-six 
and seventy-six hundred and twenty-seven, and upon the 
approval of the electors in the manner provided by sections 
seventy-six hundred and twenty-five and seventy-six hun- 
dred and twenty-six issue bonds for the amount required 
for such purpose. For the payment of the principal and 



212 SCHOOL HOUSES AND LIBRARIES. 

interest on such bonds and on bonds heretofore issued 
for the purposes herein mentioned and to provide a sink- 
ing fund for their final redemption at maturity, such board 
of education shall annually levy a tax as provided by law. 
(103 V. 527.) 

Where the Inspector of Workshops and Factroies prohibits 
the use of a school house until certain repairs are made, but the 
board of education decides to erect a new school building instead, 
and the elections vote for a $25,000 bond issue for the construc- 
tion thereof, but cannot levy sufficient taxes to pay bonds and 
maintain school, there would be an emergency within the mean- 
ing of Section 5649-4, General Code, and the necessary taxes for 
the retirement of bonds required, for the purpose might be levied 
outside of all limitations of law. — Attorney General, Opinion No, 
888, 1914. 

If a board of education deems it necessary to secure a new 
. site in order to replace a school house condmened or destroy the 

tax levies necessary for the purposes of such site are not within 
the exemption of Section 7630-1 and 7630-2, General Code, but 
must be made within all the limitations of the Smith one per cent 
law. — Attorney General, Opinion No. 1110, 1914. 

In case of the condemnation of a school buliding by the state 
building inspector, levies for the necessary repairs are not entitled 
to exemption from all limitations under Sections 7630-1 and 5649-4, 
General Code, unless bonds are issued by a vote of the people, in 
which event the interest and sinking fund levies will be exempt 
from the limitation. Simple repair levies made under these cir- 
cumstances are subject to all the limitations of law, — Attorney 
General, Opinion No, 1190, Oct. 8, 1914. 

Where the Industrial Commission and its deputy in charge 
of workshops, factories and public buildings condemn the use of a 
public school building for school purposes, the order must be 
complied with, and an emergency is created. 

If bonds are issued by the board of education, with the 
approval of the majority of the electors, at a special election, the 
tax levies necessary to carry these bonds may be made outside of 
the limitations of the Smith One Per Cent Law. Such is the effect 
of the amendment to Section 5649-4, General Code, — Attorney 
General 1913, p. 1715. 

When a school building fit for occupancy prior to the flood 
has been damaged by the flood as to render the same unfit for 
use, the provisions of the Snyder Emergency Act. exempting from 
the general limitations of the law upon levies and borrowing 
powers may be resorted to. 

The question of damage is one of fact, the answer to which 
may be assisted by the reports of the Chief Inspector of Work- 
shops and Factories. 

Under Section 7630-1, General Code, a school building con- 
demned by the Chief Inspector of Workshops and Factories may 
be rebuilt or repaired. The money may be borrowed therefor, 
regardless of the Smith law limitation. — Attorney General, 1913, 
p, 14. 

LIBRARIES, 

Establishment SECTION 763 1, The board of cducation of any city, 

Hbrlr^^ P"''^*^ village, or rural school district, by resolution, may provide 
for the establishment, control and maintenance, in such 
district, of a public library, free to all the inhabitants 
thereof. For that purpose, by purchase,' it may acquire 
the necessary real property, and erect thereon a library 
building; acquire, by purchase or otherwise, from any 
other library association, its library property ; receive do- 
nations and bequests of money or property for such li- 



SCHOOL HOUSES AND LIBRARIES. ^13 

brary purposes, and maintain and support libraries now in 
existence and controlled by the board. (104 v. 225.) 

For decisions under an earlier form of this statute, in which were 
found provisions authorizing the board of education to purchase "apparatus", 
but limiting the amount thereof, see G. C. Sec, 7620, and note thereto. 

Board of education may accept bequest for public library and Y. M. 
C. A. building: Blume v. Thompson, 23 Dec. 512 (15 N. S. 97). 

Section 7632. Such board of education annually Taxation, 
may make a levy upon the taxable property of such school 
district, in addition to all other taxes allowed by law, of 
not to exceed one mill for a library fund, to be expended 
by the board, for the establishment, support and main- 
tenance of such public library. (98 v. 244 §1.) 

Section 7633. But when a donation or bequest of Libraries 
money or property has been or is made to two or more {,y"t^^o owned 
school districts jointly, or jointly and severally for the pur- more school 
pose of establishing and maintaining such public library, 
and the money so donated has been or may be expended 
in the purchase of a site and the erection of a library 
building thereon, the provisions of this subdivision shall 
apply. In such case the board of education of each of the 
districts annually may levy not exceeding one mill, in 
addition to all other taxes allowed by law, upon the tax- 
able property of such school districts for the establish- 
ment, support and maintenance of such public library, and 
the library building may be located at a convenient place 
in either district. (98 v. 244 § i.) 

Section 7634. The control of such building and li- Board of trus- 
brary and the expenditure of all moneys for the purchase tees, appoint- 

merit term 

of books and other purposes and the administration of the 
library shall be vested -in a board of six trustees, three to 
be appointed by each of the boards of education for the 
term of five years. They must serve without compensa- 
tion, and until their successors are appointed. In case of 
vacancy in the board, from refusal to serve, resignation 
or otherwise, it shall be filled by the boards of education 
of such district, for the unexpired term. (98 v. 244 § i.) 

State library commissoners to give advice and attention to free public 
library officers; see Sec. 793. 

Section 7635. The board of education may provide Management 
for the management and control of such library by a board and control 
of trustees to be elected by it as herein provided. (100 v. ° ^ ^'^^^' 

16.) 



Section 7636. Such board of library trustees shall Library trus- 
consist of seven members, who must be residents of the an^J' eilgiwfty 
school district. No one shall be eligible to membership on of- 
such library board who is or has been for a year previous 
to his election, a member or officer of the board of educa- 
tion. The term of office shall be seven years, except that 
at the first election the terms must be such that one mem- 



214 



SCHOOL HOUSES AND LIBRARIES. 



ber retires each year. Should a vacancy occur in the 
board, it shall be filled by the board of education for the 
unexpired term. The members of the library board must 
serve without compensation and until their successors are 
elected and qualified. (loo v. i6.) 



Powers of 
board. 



Section 7637. In its own name, such library board 
shall hold the title to and have the custody, and control of 
all libraries, branches, stations, reading rooms, of all li- 
brary property, real and personal, of such school district, 
and of the expenditure of all moneys collected or received 
from any source for library purposes for such district. It 
may employ a librarian and assistants, but previous to such 
employment their compensation shall be fixed. (100 v. 

16.) 



May acquire 
land. 



Repair fund. 



Section 7638. By a two-thirds vote of its members 
such library board may purchase or lease grounds and 
buildings, and erect buildings for library purposes. It 
also may appropriate land for library purposes if the 
owner and the board cannot agree upon terms, and dis- 
pose of land when, in its opinion, it is no longer needed 
for library purposes. Conveyances made by the board 
shall be executed in its name by its president and secre- 
tary. In the event any balance to the credit of the library 
fund shall remain in the treasury at the close of any fiscal 
year, such surplus or any part thereof may be set aside 
by a two-thirds vote of the members of the board as a 
special building and repair fund. It may accept any gift, 
devise or bequest for the benefit of such library. No mem- 
ber of the library board shall be interested, directly or in- 
directly, in any contract made by the board. It shall re- 
port annually in writing to the board of education. (loi 
V. 304.) 



Library 
fund; how 
provided and 
maintained. 



Section 7639. Such board of library trustees an- 
nually, during the month of May, shall certify to the 
board of education the amount of money needed for in- 
creasing, maintaining and operating the library during the 
ensuing year in addition to the funds available therefor 
from other sources. The board of education annually 
shall levy on each dollar of taxable property within such 
school district, in addition to all other levies authorized 
by law, such assessment not exceeding one and one- 
half mills, as shall be necessary to realize without reduc- 
tion, the sum so certified, which must be placed on the tax 
duplicate and collected as other taxes. (lOi v. 304.) 



Payments 
from library 
fund. 



Section 7640. The proceeds of such tax will con- 
stitute a fund to be known and designated as the library 
fund. Payments therefrom shall be made only upon the 
warrant of the library board of trustees, signed by the 
president and secretary thereof, (96 v. 9 § 4.) 



SCHOOL HOUSES AND LIBRARIES. 21 5 

Section 7641. The board of education in any city, Tax levy to 
village, or rural school district may contract annually with maintain pub- 

*^.,' . , -^ . . . ^ 1 I'C library. 

any library corporation or other organization owning and 
maintaining a library or with any board of trustees ap- 
pointed by authority of law, having the management and 
control of a library, for the use of such library by the 
residents of such district. Such board of education shall 
require an annual report in writing from such library cor- 
poration or other organization or board of trustees. (104 
V. 225.) 

A levy of one mill by the board of education imposed 
annually for the purpose of reimbursing a library association for 
services to the public in pursuance of a contract between the 
board and the association, is within the interior limitations of 
the Smith law and is not a "levy for sinking fund and interest 
purposes necessary to provide for the indebtedness created prior 
to the passage" of the Smith law. 

The obligation which rests upon the board is not an indebt- 
edness within the meaning of the statute, nor is there an "im- 
pairment of the obligation of contract" in the effect of the Smith 
law upon such procedures. — Attorney General, 1912, p. 1578. 

Section 7642. The board of education of any school school 
district of the state, in which there is not a public library library, 
operated under public authority and free to all th.e resi- 
dents of such district annually may appropriate not to 
exceed two hundred and fifty dollars from its contingent 
fund for the purchase of books, other than school books, 
for the use and improvement of the teachers and pupils 
of such school district. The books so purchased shall con- 
stitute a school library, the control and management of 
which shall be vested in the board of education, which may 
receive donations and bequests of money or property 
therefor. (96 v. 9 § 6.) 

Section 7643. The board of education of any school j^i^ge^jn, 
district, or board of trustees managing and 'controlling a 
library in any school district, may found and maintain a 
museum in connection with and as an adjunct to such li- 
brary, and for such purpose may receive bequests and do- 
nations of money or other property. (96 v. 9 § 7.) 



CHAPTER 3. 
SCHOOLS AND ATTENDANCE. 



Section 

7644. Elementary schools; minimum and 

maximum school weeks. 
7644-1. Tuberculosis schools. 

7645. Graded course of study. 

7646. Elementary schools shall be main- 

tained. 

7647. Normal schools. 

7648. Elementary school defined. 

7649. High school defined. 

1270. Requisites for admission to examina- 
tion td medical schools. 

7650. College defined. 

7651. High schools classified. 

7652. First grade. 

7653. Second grade. 

7654. Third grade. 

7654-1. Rural and village first grade high 
schools may establish normal depart- 
ments for training of teachers. 

7654-2. Courses and entrance requirements. 

7654-3. Employment of director and in- 
structors. 

7654-4. Practice division may be maintained. 

7654-5. Board of education shall receive state 
aid not to exceed $1,000. 

7654-6. Department of efficiency tests and sur- 
veys. 

7654-7. State normal school authorized to 
maintain model one-room school. 

7655. Elementary grade. 

7655-1. What constitutes elementary rural 
school of the second grade. 

7655-2. What constitutes rural elementary 
school. 

71655-3. What constitutes consolidated ele- 
mentary school of second grade. 

7665-4. What constitutes consolidated ele- 
mentary school of first grade. 

7655-7. Admission to high school from rural 
school of first grade. 

7655-8. Metal placard showing grade of rural 
school. 

7656. Diploma granted to graduates. 

7657. Certificate as to grade of school. 

7658. Admission to profession school, col- 

lege or university. 

7659. Who eligible to take examination for 

admission to bar or to professional 
school; exception. 

7660. Information to superintendent of pub- 

lic instruction as to high schools. 

7661. Certificate as to grade of high school. 

7662. Penalty for failure to give in- 

formation. 

7663. Any board of education may establish 

high school. 

7664. Discontinuance thereof. 

7665 Management and control of township 
high schools. 

7666. Schoolhouses. 

7667. Admission of pupils. 

7668. Estimate of funds needed, certified 

to county auditor. 

7669. Union of districts for high school 

purposes. 

7670. High school committee. 

7671. Funds; how provided. 

7672. Estimate to maintain schools certified 

to county auditor in annual budget. 

7673. Tax_ levy for support of municipal 

university. 

7674. Admission of high school graduates. 

7675. Disposition of funds. 



Section 

7676. Schools at children's homes and or- 

phans' asylums. 

7677. Control and management of such 

schools. 

7678. Cost; how paid. 

7679. Establishment of evening schools. 

7680. Attendance by person more than 

twenty-one years old. 

7681. Free schools; beginners. 

7682. Non-resident pupils. 

7683. Crediting of school tax on tuition. 

7684. Assignment of pupils. 

7685. Suspension and expulsion of pupils. 

7686. Vaccination of pupils. 

7687. Dismissal of school on holidays. 
8301. Holidays specified. 

7688. Arbor Day. 

7689. School year, month and week. 

7690. Control of schools vested in board. 

7691. Terms. 

7692. School physician, appointment, quali- 

fications. 

7692-1. Examinations and diagnosis of chil- 
dren, teachers and janitors. 

7692-2. Publication of rules for enforcement 
of act. 

7692-3. Who not eligible as physician. 
7692-4. Affidavit of compliance. 

7693. Board may provide additional com- 

pensation. 

7694. Director of schools. 

7695. Powers. 

7696. Duties. 

7697. Compensation. 

7698. May suspend or remove director. 

7699. Appointees; clerk's duty. 

7700. Resignations. 

7701. Dismissals. 

7702. Superintendent; vacancy. 

7703. Powers and duties. 

7704. "Service fund." 

7705. Employment of teachers. 

7706. Duties of district superintendent. 
7706-1. Assemble teachers for conference. 
7706-2. Recommend text books and course 

of study. 

7706-3. Duties of county superintendent. 

7706-4. Supervision of training courses; re- 
ports. 

7706-5. Act applies to public schools only. 

7707. General duties of teachers. 

7708. Teachers dismissed for insufficient 

cause. 

7709. Filing and preservation of copies and 

price list of school books. 

7710. Maximum price; notice to publishers. 

7711. Names and addresses of publishers 

furnished to boards. 

7712. Violation of agreement by publisher. 

7713. Textbooks. 

7714. Textbooks, of whom ordered. 

7715. Board of Education, power and 

duties of. 

7716. Old books; purchase of. 
7718. Who shall not be sales agent. 

7720. Care and preservation of books. 

7721. Physical culture in schools. 

7722. Powers of board of education as to 

manual training, etc. 

7723. Instruction as to effect of alcoholic 

drinks on the human system. 

7724. Provision therefor. 

7724-1. Instruction in preventing accidents. 



216 



SCHOOLS AND ATTENDANCE. 



217 



Section 

7724-2. Manual of instruction to be provided. 

7725. Instruction of teachers. 

7726. Examination of teachers required. 

7727. Duties of superintendent. 

7728. Forfeiture for failure to give in- 

struction. 

7729. When German language may be 

taught 

7730. Power of board to suspend a school; 

conveyance of pupils. 

7731. When board shall provide trans- 

portation. 

7733. Conveyance of pupils in village dis- 

tricts. 

7734. Pupils may be sent from one district 

to another. 

7735. Attendance at nearest school. 

7736. Expense per capita. 

7737. Not to apply when schools are cen- 

tralized. 

7738. Sufficient school accommodations to 

be provided. 

7739. Free school books. 



Section 

7747. Tuition of pupils eligible to high 

school shall be paid by district board. 

7748. Tuition of graduates of third grade 

high school. 

7749. Transportation to high school. 

7750. Agreement, effect of, as to tuition. 

7751. Tuition; how paid. 

7752. What shall constitute a high school. 

7753. Appointment of high school inspectors. 
7753-1. Duties of high school inspectors. 
7753-2. Meeting for conference and direction; 

classification. 
7753-3. Compensation and expenses. 

7754. Report of inspection. 

7755. Establishment of schools for education 

of the deaf, blind and crippled. 

7756. Report of school for deaf, blind 

crippled to superintendent. 

7757. How expense of schools defrayed 

7758. Payment by state treasurer. 
7769. Appointment and qualification 

teachers. 

7760. Who considered deaf, blind 

crippled. 

7761. Inspections of schools for deaf, etc. 



and 



of 



Section 7644. Each board of education shall estab- Elementary 
lish a sufficient number of elementary schools to provide schools; 

. irii 'I* minimum and 

tor the tree education ot the youth 01 school age within maximum 
the district under its control, at such places as will be most ^^^^^^ weeks, 
convenient for the attendance of the largest number 
thereof. Every elementary day school so established shall 
continue not less than thirty-two nor more than forty 
weeks in each school year. All the elementary schools 
within the same school district shall be so continued. (99 
V. 85.) 

Cases of urgent necessity are excepted from the provisions 
of sections 7623, General Code, providing for certain procedure 
when the cost of repairing or improving a school house in other 
than city districts exceeds five hundred dollars. 

Inasmuch, therefore, as the board of education is required 
to provide for at least thirty-two school weeks in a year, and as 
the mayor may prohibit use of school buildings until compliance 
has been made with the orders of the chief inspector of workshops 
and factories, the board of education -of a village, upon such order 
from the chief inspector of workshops and factories, made after 
the school year has begun, may dispense with the procedure of 
section 7623 and execute necessary repairs without advertising for 
bids. — Atorney General, 1911-1'2, p. 1318. 

When a board of education passed a resolution legal in form, 
employing certain teachers, the effect thereof would be to employ 
said teachers, through certain provisions of said resolution re- 
quiring said teachers to enter into a written contract "to make 
up for legal holidays and for the time lost in the event of 
epidemic" would be void because against the statutes and public 
policy of the state of Ohio. — Attorney General, 1911-12, p. 1322. 

It is the intent of Sections 7644 and 7595, General Code, that 
a Board of Education shall maintain a school session of not less 
than thirty-two weeks in each year as a condition precedent to 
obtaining State Aid. 

It is not the intent to demand the impossible, however, and 
when, through destruction of the school building by fire, com- 
pliance is absolutely prevented, failure to maintain an eight months' 
session will not preclude the right to State Aid. — Attorney Gen- 
eral, 1912, p. 120. 

Under section 4750, General Code, a board of education is 
empowered to make such regulations as it deems necessary for the 
government of its employes and the pupils of the school. Under 



2l8 



SCHOOLS AND ATTENDANCE. 



Tuberculosis 

schools. 



this section, the board may designate what studies such pupils shall 
be required to ta.ke. — Attorney General, 1913, p. 1153. 

Sections 5649-2, et seq., limit rate of taxation and repeal by implication 
existing conflicting statutes: Rabe v. Canton Sch. Dist. (Bd. of Ed.) 88 
O. S. 403. ' 

Section 7644-1. The board of education in any city 
school district may establish such special elementary 
schools as it deems necessary for youth of school age who 
are afflicted with tuberculosis, and may cause all youth, 
within such district, so afflicted, to be excluded from the 
regular elementary schools, and may provide for and pay 
from the school funds, the expense of transportation of 
such youth to and from such special schools. (loi v. 
319-) 

Graded course SECTION 7645. Boards of education are required to 

stu y. prescribe a graded course of study for all schools under 

their control in the branches named in section seventy-six 
^ hundred and forty-eight, subject to the approval of the 

superintendent of public instruction. (104 v. 225.) 

Where part of a subdistrict of a township school district has 
been incorporated into a special school district leaving the balance 
of said township unprovided for as to a school house, the board 
of education of the township school district must either provide a 
school house in the remaining part of said sibdistrict. or transport 
the pupils to a school. — Attorney General, Opinion No. 988, 1914. 

Neglect to SECTION 12900. Whoever, being a principal or per- 

Irfire^dHui!' ?on in charge of a public or private school or educational 
institution having an average daily attendance of fifty or 
more pupils, wilfully neglects to instruct and train such 
pupils by means of drills or rapid dismissals at least once 
a month while such school or institution is in session, so 
that such pupils, in a sudden emergency may leave the 
school building in the shortest possible time and without 
confusion, or willfully neglects to keep the doors and ex- 
its of such building unlocked during school hours, shall 
be fined not less than five dollars, nor more than twenty 
dollars for each offense. (99 v. 231 §§ i, 2.) 

Section 12901. Whoever, being a teacher or in- 
structor in a public, private or parochial school, wilfully 
neglects to^ devote less than thirty minutes in each month 
during which such school is in session to instructing the 
pupils thereof between the ages of six and fourteen years, 
as to dangers of fire, shall be fined not less than five doll- 
ars nor more than twenty dollars. (99 v. 231 §§ i, 2.) 

Section 12902. The state fire marshal shall prepare 
a book for the purpose of the instruction of pupils pro- 
vided in the next two preceding sections. Such book shall 
be conveniently arranged in a sufficient number of chapters 
or lessons to provide a different one thereof for each week 
of the maximum school year. One of such chapters or 
lessons shall be read each week by the teacher in such 
school. (99 V. 231 § I.) 



Same as to 
dangers of 
fire. 



Duty of state 
fire marshal. 



SCHOOLS AND ATTENDANCE. 219 

Section 12903. Such books shall be published at Duty of 
the expense of the state under the direction of the super- supenntend- 
intendent of public instruction, who shall furnish a copy 
thereof to each teacher required to give such instruction. 
(104 V. 225.) 

Section 12904. The next four preceding sections Exceptions 
shall not apply to college and universities. (99 v. 232 § 4.) ^° ^^*"®- 

Section 12905. The members of the boards of edu- Manual to 
cation, school directors, trustees or other body of persons ^e issued, 
having control of the. schools of a township, village or city 
shall cause a copy of the next five preceding sections to be 
printed in the manual or handbook prepared for the guid- 
ance of teachers, where such manual is in use. (99 v. 232 

§3-) 

Section 7646. The board of education of each rural Elementary 
school district shall establish and maintain at least one ele- ^afn^^in^ed^ ^^ 
mentary school in each subdistrict under its control, unless 
transportation is furnished to the pupils thereof as pro- 
vided by law. (104 V. 225.) 

Section 7647. The board of education in any city Normal 
school district may establish and maintain a normal school school, 
within its district, and also establish and maintain such 
summer or vacation schools, school gardening and play 
grounds as to it seems desirable. (99 v. 85.) 

A normal school which is maintained by the board of education forms 
a part of the public school system: Brown v. Board of Education, 6 O. N. 
P. 411. 

Section 7648. An elementary school is one in Elementary 
which instruction and training are given in spelling, read- school de- 
ing, writing, arithmetic, English language, English gram- 
mar and composition, geography, history of the United 
States, including civil government, physiology and hygiene. 
Nothing herein shall abridge the power of boards of educa- 
tion to cause instruction and training to be given in vocal 
music, drawing, elementary algebra, the elements of agri- 
culture and other branches which they deem advisable for 
the best interests of the schools under their charge. (97 
V. 359.) 

The constitutional guaranty of an efficient system of common schools 
throughout the state does not, in the absence of specific statutory provision, 
require township boards of education to pay the tuition of pupils who wish to 
enjoy the advantages of a high school outside of the township of their resi 
dence, either in the same or an adjoining county (compare G. C. Sec. 7750): 
Board of Education v. Board of Education, 10 O. D. (N. P.) 459. 

Section 7640. A high school is one of higher grade „. , , , 

, , ' ^-^ , P . , . - . . ° , ° . High school 

than an elementary school, in which instruction and tram- defined, 
ing are given in approved courses in the history of the 
United States and other countries; composition, rhetoric, 
English and American literature ; algebra and geometry ; 
natural science, political or mental science, ancient or mod- 



220 



SCHOOLS AND ATTENDANCE. 



College 
defined. 



High schools 
classified. 



Requisites for 
admission to 
examination. 



ern foreign languages, or both, commercial and industrial 
branches, or such of the branches named as the length of 
Its curriculum makes possible. Also such other branches 
of higher grade than those to be taught in the elementary 
schools, with such advanced studies and advanced reviews 
of the common branches as the board of education directs 
(95 V. 115.) 

A high school diploma is not legal which is granted to a 
person who was never a member of the high school which granted 
the diploma and if the person had never performed the work re- 
quired by the curriculum of the said high school, or any part 
of It or its equivalent and never did any regular school work 
Set 21 ml ^^^ools. — Attorney General, Opinion No. 1163, 

thron Jm^t ?hTtlff'f'f^ guaranty of an efficient system of common schools 
throughout the state does not in the absence of specific statutory provision 
tn^^n'^ ^^T'^^S ^"f"^^ °^r education to pay the tuition of pupils who wish 
IZA^^^ the advantages of a high school outside of the township of their 
S^^"r' ^i*H'v!J *^^- s^"^e or an adjoining county (compare (f. C. Sec 
7750): Board of Education v. Board of Education, 10 O. D. (N. P.) 459. 

Section 7650. A college is a school of a higher 
grade than a high school, in which instruction in the high 
school branches is carried beyond the scope of the high 
school^ and other advanced studies are pursued, or a school 
m which special, technical or professional studies are pur- 
sued, and which, when legally organized, may have the 
right to confer degrees in agreement with the terms of the 
law regulating its practices or its charter; or in the ab- 
sence of legislative direction, in agreement with the prac- 
tices of the better institutions of learning of their re- 
spective kinds in the United States. (95 v. 115.) 

Section 7651. The high schools of the state shall 
be classified into schools of the first, second, and third 
grades. All courses of study offered in such schools shall 
be m branches enumerated in section seventy-six hundred 
and forty-nine. (95 v. 116.) 

When a township board of education maintain a third grade 
high school, such board is in no sense liable for tuition of pupils 
at other high schools of higher grade, when such pupils are 
not graduates of the said third grade local high school — Attorney 
General, 1911-12, p. 1257. 

Section 1270. The state medical board shall ap- 
point an entrance examiner who shall not be directly or in- 
directly connected with a medical college and who shall 
determine the sufficiency of the preliminary education of 
applicants for admission to the examination. The fol- 
lowing preliminary educational credentials shall be suf- 
ficient : 

A diploma from a reputable college granting the de- 
gree of A. B., B. S., or equivalent degree. 

A diploma from a legally constituted normal school, 
high school or seminary, issued after four years of study : 

A teacher's permanent or life certificate: 



SCHOOLS AND ATTENDANCE. 221 

A student's certificate of examination for admission 
to the freshman class of a reputable literary or scientific 
college. 

In the absence of the foregoing qualifications, the en- 
trance examiner may examine the applicant in such 
branches as are required for graduation from a first-class 
high school of this state, and to pass such examination 
shall be sufficient quahfication. If the entrance examiner 
finds that the preliminary education of the applicant is 
sufficient, he shall, upon payment to the treasurer of the 
state medical board of a fee of three dollars, issue a cer- 
tificate thereof, which shall be attested by the secretary of 
the state medical board. 

The apphcant must also produce a certificate issued 
by the entrance examiner and a diploma from a legally 
chartered medical institution in the United States, in good 
standing, as defined by the board, at the time the diploma 
was issued, and which institution, subsequent to May ist, 
1913, requires for admission for the degree of M. D., to 
such institution, a preliminary education equal to that re-, 
quired for graduation from a first-grade high school in 
this state, or a diploma or license approved by the board 
which conferred the full right to practice all branches of 
medicine or surgery in a foreign country. (103 v. 438.) 

Section 7652. A high school of the first grade shall pj^st grade, 
be a school in which the courses ofifered cover a period of 
not less than four years, of not less than thirty-two weeks 
each, in which not less than sixteen courses are required 
for graduation. (95 V. 116.) 

When a township board of education maintains a third grade 
high school, such board is in no sense liable for tuition of pupils 
at other high school of higher grade, when such pupils are 
not graduates of the said third grade local high school. — Attorney 
General, 1911-12, p. 1257. 

Section 7653. A high school of the second grade second grade, 
shall cover a period of not less than three years, of not 
less than thirty-two weeks each, in which not less than 
twelve courses of study are required for graduation. (95 
V. 116.) 

When a township board of education maintains a third grade 
high school, such board is in no sense liable for tuition of pupils 
at other high schools of higher grade, when such pupils are 
not graduates of the said third grade local high school. — Attorney 
General, 1911-12, p. 1257. 

Section 7654. A high school of the third grade shall Third grade. 
cover a period of not less than two years, of not less than 
twenty-eight weeks each, in which not less than eight 
courses of study are required for graduation. (95 v. 116.) * 

When a township board of education maintains a third grade 
high school, such board is in no sense liable for tuition of pupils 
at other high schools of higher grade, when such pupils are 
not graduates of the said third grade local high school. — Attorney 
General, 1911-12, p. 1257. 



222 



SCHOOLS AND ATTENDANCE. 



Rural and vil- 
lage first 
grade high 
schools may 
establish nor- 
mal depart- 
ments for 
training of 
teachers. 



Where and 
how estab- 
lished. 



Section 7654-1. Boards of education which main- 
tain first-grade high schools in village or rural districts 
may establish normal departments in such schools for the 
training of teachers for village and rural schools. Not 
more than three such normal schools shall be established 
in any one county school district, and not more than one 
such department shall be maintained in any village or rural 
district. At least one such school in each county shall be 
located in a rural district or in a village with less than 1,500 
population, and not more than one such school in each 
county shall be located in a village having a population of 
1,500 or more. Schools desiring such a department shall 
make application therefor to the superintendent of public 
instruction and a copy of such application shall be filed 
with the county superintendent. The superintendent of 
public instruction shall examine all applications and shall 
designate such schools as may establish such departments. 
(104 V. 155.) 



Courses and 
entrance re- 
quirements. 



Employment 
of director 
and in- 
structors. 
Salaries. 



Section 7654-2. Each high school normal depart- 
ment shall ofifer at least a one-year course for the training 
of teachers. The entrance requirements of such depart- 
ments shall be fixed by the superintendent of public instruc- 
tion. Such departments may offer short courses during the 
school year but shall not offer summ.er courses unless prac- 
tice departments are maintained during such courses. (104 
V. I55-) 

Section 7654-3. Each normal department shall em- 
ploy a director and such other instructors as the superin- 
tendent of public instruction may prescribe. Such director 
and instructors shall be employed on the nomination of the 
county superintendent. No director or instructor in any 
normal training department shall be paid less than seventy- 
five dollars per month. (104 v. 155.) 



Practice divi- 
sion may be 
maintained. 



Board of edu- 
cation shall 
receive state 
aid not to ex- 
ceed $1,000. 



Section 7654-4. Each normal department may 
maintain a practice division and shall be authorized to ar- 
range with dift'erent boards of education for observation 
and practice teaching privilege in the rural schools under 
their control. (104 v. 155.) 

Section 7654-5. The board of education in any vill- 
age or rural school district which maintains a normal 
training department approved by the superintendent of 
public instruction shall receive from the state, the cost of 
maintaining such department in a sum not to exceed one 
thousand dollars per annum for each school so maintained. 
Such amount shall be allowed by the auditor of state upon 
the approval of the superintendent of public instruction, 
but no payment by the state shall be made for work in such 
schools prior to January i, 1915. (104 v. 155.) 



SCHOOLS AND AtTENDANCE. 223 

Section 7654-6. There shall be established in the Department of 
college of education of the Ohio State University and in ^ffirsSriey'ly 
each of the normal schools and colleges which are mam- ^^-j^^S. ^u.^ and 
tained either wholly or in part by state funds, a depart- an(f^cofieges^ 
ment of efficiency tests and survey. Such departments ^;;PP°;\^,d ^^ 
shall at the request of the superintendent of public instruc- 
tion assist him in working out efficiency methods in school 
administration, and in conducting co-operative school sur- 
veys. (104 V. 155.) 

Section 7654-7. Each of the state normal schools state normal 
at Athens, Oxford, Bowling Green, and Kent shall be ^J^??i|/';- 
authorized to arrange with the boards of education of not maintain^a^ 
more than six non-centralized rural districts to assume the room rurT\ 
management of a one one-room rural school in each dis- fahT^iiJJ^Hctr 
'trict and maintain such schools as model one-room rural State aid. 
schools. Each state normal school which complies with 
the provisions of this section subject to the approval of the 
superintendent of pubHc instruction shall receive $500 an- 
nually from the state for each of such schools when vouch- 
ers therefor have been approved by the superintendent of 
public instruction. (104 v. 155.) 

Section 7655. Public schools of a less grade shall Elementary 
be denominated as elementary schools. A course of study ^rrade. 
shall consist of not less than four recitations a week con- 
tinued throughout the school year. (95 v. 116.) 

Section 7655-1. Every one-room school in any what consti- 

rural school district where the schoolhouse" and outbuild- i^ry'rurir"*" 

ings are kept in proper condition and repair, buildings and schoo^^ of ^sec- 
yard clean, and separate screened privies are maintained 
for each sex, shall be considered a rural elementary school 
of the second grade. (104 v. 125.) 

Section 7655-2. Each one-room school in any rural what consti- 
school district which shall fulfill the requirements of this ^^^^^n'tar?^ 
section shall be considered a rural elementary school of school of first 
the first grade. Such requirements are as follows: 

(a) Clean buildings and yard. 

(b) Building in good repair. 

(cj Separate screened privies for each sex or inside 
toilets. 

(d) Maps of Ohio and United States. 

(e) Library of not less than 50 volumes. 

(f) 100 square feet of slate or composition black- 
board. The lower margin of not less than twelve lineal 
feet of which board, shall be within two feet of the floor. 

(g) A system of heating with ventilation — mini- 
mum a jacketed stove. 

(h) Buildings hereafter constructed to have in con- 
nection with them not less than one acre of land for or- 
ganized play. 

(i) Teacher with at least a three-year certificate. 



224 SCHOOLS AND ATTENDANCE. 

(j) Agricultural apparatus to a value of at least 
fifteen dollars. (104 v. 125.) 

What consti- SECTION 7655-3. Each consolidated school in any 

Sed ^eie-°^^" village or rural school district which shall fulfill the re- 
mentary school quiremeuts of this section shall be considered a consoli- 
gradl?°" dated elementary school of the second grade. Such re- 

quirements are as follows : 

(a) Clean building and yard. 

(b) Building in good repair. 

(c) Separate screened privies for each sex or inside 
toilets. 

(d) Library of not less than lOO volumes. 

(e) 100 square feet of slate or composition black- 
board. The lower margin of not less than twelve lineal 
feet of which board, shall be within two feet of the floor. 

(f) A system of heating with ventilation — mini- 
mum a jacketed stove. 

(g) Buildings hereafter constructed to have at least 
two acres of land for organized play and agricultural 
experiment. 

(h) At least two rooms and two teachers on full 
time one of whom must have at least a three-year 
certificate. 

(i) One teacher to be employed for ten months each 
year giving part of his or her time during the school year 
to the teaching of agriculture or domestic science or both 
and during part of vacation supervise agricultural work 
of boys and domestic art w^ork of the girls. 

(j) Agrfcultural apparatus to the value of at least 
twenty-five dollars. 

(k) A case of not less than six maps including a 
map of Ohio. (104 v. 125.) 

What consti- Section 7655-4. Each Consolidated school in any 

da\ed eie-°^'' village or rural school district which shall fulfill the re- 
mentary school quifemeuts of this scctiou shall be considered a consoli- 
of first grade. (-|^|-g^ elementary school of the first grade. Such require- 
ments are as follows : 

(a) Clean building and yard. 

(b) Building in good repair. 

(c) Separate screened privies for each sex, or inside 
toilets. 

(d) A case of not less than six maps including a 
map of Ohio. 

(e) Library of not less than 150 volumes. 

(f) 100 square feet of slate or composition black- 
board. The lower margin of not less than twelve lineal 
feet of which board, shall be within two feet of the floor. 

(f) A system of heating with ventilation — mini- 
mum a jacketed stove. 

(h) Buildings hereafter constructed to have at least 
three acres of land in connection with each school one for 
agriculture and school garden purposes. 



SCHOOLS AND ATTENDANCE. 225 

(i) Three rooms and three teachers or more on full 
time, one teacher to have at least a three-year certificate. 

(j) A course in domestic science. 

(k) Two teachers to be employed for ten months 
each, one teaching agriculture during the school term and 
to supervise agriculture during part of the vacation. The 
other to teach domestic science during the school term and 
to supervise domestic science instruction during part of 
the vacation. 

(1) Agricultural and domestic science apparatus to 
the value of at least one hundred dollars. (104 v. 125.) 

Section 7655-7. After September ist, 191 5, the Admission to 
holder of a certificate of graduation from any one-room fjfj^ ^JuTa/ 
rural school of the first grade or of any consolidated rural school of first 
school which has been recognized shall be entitled to ad- 
mission to any high school without examination. Gradu- 
ates of any elementary school shall be admitted to any high 
school without examination on the certificate of the dis- 
trict superintendent. (104 v. 125.) 

Section 7655-8. The superintendent of public in- Metai placard 
struction shall furnish the board of education in the vill- of^rj^a^i fJhooi. 
age and rural school districts metal placards which shall 
be placed on the various school bulidings showing the 
grades of such schools. (104 v. 125.) 

Section 7656. A diploma must be granted by the Diploma 
board of education to any one completing the curriculum ^^aduates^ 
in any high school, which diploma shall state the grade of 
the high school issuing it as certified by the superintendent 
of public instruction, be signed by the president and clerk 
of the board of education, the superintendent and the prin- 
cipal of the high school, if such there be, and shall bear 
the date of its issue. (104 v. 225.) 

A high school diploma is not legal which is granted to a 
person who was never a member of the high school which granted 
the diploma and if the person had never performed the work 
required by the curriculum of the said high school, or any part 
of it, or its equivalent, and never did any regular school work 
beyond the graded schools. — Attorney General, Opinion No. 1163, 
Sept. 21, 1914. 



as 



Section 7657. A certificate shall also be issued to certificate r 
the holder of each diploma in which shall' be stated the to grade of 
grade of the high school, the names and extent of the 
studies pursued and the length of time given to each study 
to be certified to in the same manner as set forth for a 
diploma. (95 v. 116.) 

A high school diploma is not legal which is granted to a 
person who was never a member of the high school which granted 
the diploma and if the person had never performed the work 
required by the curriculum of the said high school, or any part 
of it, or its equivalent, and never did any regular school work 
beyond the graded schools. — Attorney General, Opinion No. 1163, 
Sept. 21, 1914. 

15 s. I.. 



226 



SCHOOLS AND ATTENDANCE. 



Admission to 
professional 
school, college 
or university. 



Who eligible 
to take ex- 
amination for 
admission to 
bar or to 
enter profes- 
sional school; 
exception. 



Information 
to superintend- 
ent of public 
instruction 
as to high 
schools. 



Certificate 
as to grade 
of high 
school; 
withholding 
approval. 



Section 7658. A holder of a diploma from a high 
school of the first grade may be admitted without examina- 
tion to any college of law, medicine, dentistry, or pharmacy 
in this state, when the holder thereof has completed such 
courses in science and language as are prescribed by the 
legally constituted authorities regulating the entrance re- 
quirements of such college; except such institutions pri- 
vately endowed which may require a higher standard for 
entrance examinations than herein is provided. After Sep- 
tember I, 1915, the holder of a diploma from a first-grade 
high school shall be entitled to admission without examina- 
tion to the academic department of any college or univer- 
sity which is supported wholly or in part by the state. 
(104 V. 125.) 

Section 7659. A holder of a diploma from any 
grade of high school or of a teacher's certificate from a 
county or city Iboard of teacher's examiners, when he has 
pursued his studies under private tutorage or in an office, 
shall be eligible to take the examination for admission to 
the practice of law or to take the examination prescribed 
to enter a college of law, medicine, dentistry or pharmacy ; 
except such institutions privately endowed, which may re- 
quire a higher standard for entrance examinations than 
herein is provided. (95 v. 116.) 

Section 7660. The clerk of the board of education 
of each district in which a high school is established and 
maintained shall furnish to the superintendent of public 
instruction definite and accurate information concerning 
the length of time necessary for the completion of the high 
school curriculum or curriculums, the courses of instruc- 
tion ofifered therein, and such other information as the 
superintendent of public instruction requires in relation 
to the high school work of the district, and in the form 
and manner he prescribes. Such information shall be filed 
when high schools are established or any changes made in 
curriculums. (104 v. 225.) 

Section 7661. Upon examination of the information 
thus filed, or after personal inspection of work done if 
he deems this advisable, or both, the superintendent of 
public instruction shall determine the grade of each such 
high school and, under the seal of his office, certify to the 
clerk of the board of education his findings as to the grade 
of the high school maintained by such board. But he may 
withhold his approval of any curriculum, when it appears 
to him that it does not comply with legal and reasonable 
requirements. When it appears that any curriculum, al- 
ready approved, has been so modified as to change the 
grade of the high school, either by advancing or reducing 
its grade, the superintendent of public instruction shall 
certify his finding and all diplomas issued thereafter shall 
bear the grade so designated by him. (104 v. 225.) 



SCHOOLS AND ATTENDANCE. 22/ 

5'ection 7662. No school shall be considered a high Penalty for 
school that has not furnished the information and received failure to give 
a certmcate as provided above, nor be entitled to the privi- 
leges and exceptions provided by law for high schools. 
(95 V. 117.) 

Section 7663. A board of education may establish ^ny board of 
one or more high schools, whenever it deems the establish- gg^^^i^^ij^J" "^^^ 
ment of such school or schools proper or necessary for the high school, 
convenience or progress of the pupils attending them, or 
for the conduct and welfare of the educational interests 
of the district. (95 v. 117.) 

This section fully authorizes boards of education to establish high 
schools without submitting the question to a vote of the electors of the dis- 
trict, unless it should be found necessary to levy a tax in excess of the 
maximum allowed by law and issue bonds; in which case an election is 
required; see Sec. 7625. 

Sections 5649-2, et seq., limit rate of taxation and repeal by implication 
existing conflicting statutes: Rabe v. Canton Sch. Dist. (Bd. of Ed.), 88 
O. S. 403. 

Section 7664. Such school or schools, when estab- oiscontin- 
lished, shall not be discontinued under three years from uance thereof. 
the time of their establishment, except by a vote of three- 
fourths of all the members of the board of education of 
the district, at a regular meeting. (95 v. 117.) 

Section 7665. When a township board of education Management 
establishes and maintains a high school or high schools o£*^ to\"ilship 
within the district under its control, it shall have the man- high schools. 
agement and control thereof, and may employ and dismiss 
teachers, and give certificates of such employment, and for 
services rendered, directed to the townshi]:) clerk. (c)5 v. 

117.) 

Section 7666. Such board of education shall build, 
repair, add to and furnish the necessary schoolhouses, pur- iioilses. 
chase or lease sites therefore, or rent suitable rooms and 
make all other necessary provisions relative to such schools 
as may be deemed proper. (95 v. 117.) 

Section 7667. Such board of education may regu- Admission 
late and control the admission of pupils from the elemen- °^ pupils. 
tary schools under its charge to such high school or high 
schools, according to age and attainments, may admit 
adults over twenty-one years of age, and pupils from other 
districts on such terms and under such rules as it adopts. 
It shall maintain such high school or high schools not less 
than twenty-eight nor more than forty weeks in any school 
year. (95 v. 117.) 

Section 7668. In rural districts where a high school Estimate of 

or high schools are, or may be established, by the rural ^""4^ needed, 

board of education, it annually shall determine by esti- county 

mate, as near as practicable, the entire amount of money ^"<^'^°'"- 
necessary to be expended in the rural district for school 
and schoolhouse purposes, including the paying of teach- 



228 



SCHOOLS AND ATTENDANCE. 



Union of dis- 
tricts for 
high school 
purposes. 



High school 
committee. 



ers in such schools the prolonging of the terms of the sev- 
eral elementary schools of the rural district after the state 
funds have been exhausted, the erecting, repairing and 
furnishing of schoolhouses, and any other school purposes 
which amount shall be certified in writing to the county 
auditor, by such rural board, on or before the first Mon- 
day in June of each year. (104 v. 225.) 

Section 7669. The boards of education of two or 
more adjoining rural school districts, or of a rural and 
village school district by a majority vote of the full mem- 
bership of each board, may unite such districts for high 
school purposes. Each board also may submit the ques- 
tion of levying a tax on the property in their respective 
districts, for the purpose of purchasing a site and erecting 
a building, and issue bonds, as is provided by law in case 
of erecting or repairing schoolhouses; but such question 
of tax levy must carry in each district before it shall be- 
come operative in either. If such boards have sufficient 
money in the treasury to purchase a site and erect such 
building, or if there is a suitable building in either district 
owned by the board of education that can be used for a 
high school building it will not be necessary to submit the 
proposition to vote, and the boards may appropriate money 
from their funds for this purpose. (104 v. 225.) 

When a joint school district is formed for high school pur- 
poses by a township school district and an adjoining village dis- 
trict, such district becomes one district and taxes for the support 
of the same must be borne by the respective joined districts in 
proportion to the total valuation of the property in each, not- 
withstanding the fact that the village district sends the most 
pupils and has the smallest valuation. — Attorney General, 1911-12, 
p. 1042.' 

There is no statutory provision for the uniting of a part or 
portion of a township school district with another township, village 
or special school district for high school purposes. 

Where a petition asks for the uniting of the north half of 
Salt Creek Township School District of Pickaway County to the 
village school district of Tarlton for high school purposes, such 
petition cannot be granted. — Attorney General, 1913, p. 1358. 

There is no provision of statute whereby joint high school 
districts may be dissolved. — Attorney General, Opinion No. 1273, 
1914. 

As to centralized township district, see G. C. Sec. 4726. 

Section 7670. Any high school so established shall 
be under the management of a high school committee, con- 
sisting of two members of each of the boards creating such 
joint district, elected by a majority vote of such boards. 
Their membership of such committee shall be for the same 
term as their terms on the boards which they respectively 
represent. Such high school shall be free to all youth of 
school age within each district, subject to the rules and 
regulations adopted by the high school committee, in re- 
gard to the qualifications in scholarship requisite for "ad- 
mission, such rules and regulations to be of uniform op- 
eration throughout each district, (99 v. 462 § i.) 



SCHOOLS AND ATTENDANCE. 229^ 

When a joint school district is formed for high school pur- 
poses by a township school district and an adjoining village dis- 
trict, such district becomes one district and taxes for the support 
of the same must be borne by the respective joined districts in 
proportion to the total valuation of the property of each, not- 
withstanding the fact that the village district sends the most 
pupils and has the smallest valuation. — Attorney General, 1911-12, 
p. 1042. 

Section 7671. The funds for the maintenance and Funds, how 
support of such high school shall be provided by appropria- provided, 
tions from the tuition or contingent funds, or both, of each 
district, in proportion to the total valuation of property in 
the respective districts, which must be placed in a separate 
fund in the treasury of the board of education of the dis- 
trict in which the schoolhouse is located, and paid out by 
action of the high school committee for the maintenance 
of the school. (99 v, 462 §1.) 

When a joint school district is formed for high school pur- 
poses by a township school district and an adjoining village district, 
such district becomes one district and taxes for the support of 
the same must be borne by the respective joined districts in propor- 
tion to the total valuation of the property in each, notwithstanding 
the fact that the village district sends the most pupils and has the 
smallest valuation. — Attorney General, 1911-12, p. 1042. 

There is no statutory provision for the uniting of a part or 
portion of a township school district with another township, village 
or special school district for high school purposes. 

Where a petition asks for the uniting of the north half of 
Salt Creek Township School District of Pickaway County to the 
village school district of Tarlton for high school purposes, such 
petition cannot be granted. — Attorney General, 1913, p. 1358. 

Section 7672. Boards of education exercising con- Estimate to 
trol for the purpose of taxation over territory within a maintain 
rural or joint rural high school distict shall determme by fied to county 
estimate the amount necessary for the maintenance of any nuai^ "budge?." 
rural or joint rural high school to which such territory 
belongs and shall certify such amount to the county au- 
ditor in the annual budget as provided ia section 5649-3a. 
All funds derived from levies so made shall be kept separ- 
ate and be paid out for the maintenance of the school for 
which they were made. (104 v. 225.) 

When a joint school district is formed for high school pur- 
poses by a township school district and an adjoining village district, 
such district becomes one district and taxes for the support of the 
same must be borne by the respective joined districts in proportion 
to the total valuation of the property in each, notwithstanding the 
fact that the village district sends the most pupils and has the 
smallest valuation. — Attorney General, 1911-12, p. 1042. 

Section 7673. The school board of any village Tax levy for 
school district in which is located a university, college, or munidnar^uni- 
academy organized under the laws of this state, as an in- versity. 
stitution of learning not for profit, and under the man- 
agement of a board of trustees, may levy a tax not ex- 
ceeding two mills annually, upon all taxable property 
within such district for the support of such university, col- 
lege or academy. (104 v. 225.) 



230 SCHOOLS AND ATTENDANCE. 

Admission or SECTION 7674. Ill the event such levy is made, all 

high school holders of a hie^h school diploma obtained from such vill- 

age district high school shall have the right to attend such 

university or college for the period of two years, free of 

tuition. (99 v. 520 § 2.) 

Disposition of Section 7675. The funds arising from such tax 

funds. jg^^ shall be turned over to the board of trustees of such 

university college or academy by the county treasurer to 
be exepnded by them in the conduct of the university, 
college or academy and for no other purpose. (104 v. 
225.) 

Schools at Section 7676. The board of education in any dis- 

horats^"'^ trict in which a children's home or orphans' asylum is es- 

and orphans' tablished by law, when requested by the board of trustees 
asy urns. ^£ such children's home or orphans' asylum when no pub- 

lic school is situated reasonably near such home or asylum, 
shall establish a separate school in such home or asylum, 
so as to afford to the children therein, as far as practicable, 
the advantages and privileges of a common school educa- 
tion. Such schools must be continued in operation for 
such period as is provided by law for public schools. If 
the distributive share of school funds to which the school 
at such home or asylum is entitled by the enumeration of 
children in the institution is not sufficient to continue the 
schools for that length of time, the deficiency shall be paid 
out of the funds of the institution or by the county com- 
missioners. (103 V. 864.) 

Sections 3085 and 3088, General Code, vest the control of 
schools located at county children's homes in the board of trustees 
of such homes and they maintain control of the same until such 
time as schools are established by the respective boards of educa- 
tion of the districts wherein such county or orphans' homes are 
located, upon the request of the board of trustees of such homes 
to such board of education to so establish such schools. There is 
no statutory provisions whereby the schools of county homes can 
be brought uniformly under the supervision of the boards of 
education of the respective districts, except that it be done in 
accordance with the provisions of sections 7670 and 7677, General 
Code, supra. 

Schools in county homes may be established and maintained 
independently of the boards of education of the respective districts 
wherein such homes are located, until such time as such schools 
may be brought under the control of the boards of education of 
such respective districts by the boards of education establishing 
schools at such homes in accordance with sections 7676 and 7677, 
General Code, herebefore mentioned. 

The phrase "or orphans' asylums established by law," as 
employed in Section 7676, General Code, does not include an 
institution incorporated for the purpose of caring for dependent 
children, and which is not maintained in any manner by funds 
derived from governmental sources. The phrase "established by 
law" means those children's homes or orphans' asylums which 
are established and maintained by the state or some political sub- 
division thereof, and cannot be said to apply to institutions in- 
corporated for the purpose of caring for dependent children, 
which are privately managed institutions and which do not derive 
support from the state. — Attorney General, Opinion No. 1296, 1914. 



SCHOOLS AND ATTENDANCE. 23 1 

Inmates of a children's home are classed equally with other 
youth under the meaning of section 7681, General Code, and such 
inmates may attend a village school not within their own district, 
if there is no school within their own district within one and one- 
half miles of the home or at closer proximity than the village 
schools. The board of education of said village cannot charge 
tuition for said inmates until they have notified the board of 
education of the district in which the pupils reside. 

The duty of providing for the education of such inmates 
devolves ilpon the board of education of the township in which 
they reside and not upon the trustees of the home. — Attorney 
eral, 1911-12, p. 1480. 

There is no statutory authority for the joint building of a 
school house by the board of education of a school district and 
the trustees of an orphans' home in the same district for the 
accommodation of the pupils of the school district and those of 
the orphaiis' home. — Attorney General, 1911-12, p. 511. 

Under the provisions of Section 7676, General Code, the 
board of education of the respective school districts of the state 
wherein are located county or children's homes, are required to 
provide schools and sufficient educational facilities for the inmates 
of such county or children's home, either by the establishment of 
special schools located at such county or district children's homes 
or in the regular schools of the respective districts. 

Under Section 7681, General Code, the public schools of the 
state are free to the inmates of orphans' asylums located in such 
respective school districts, regardless of whether or not such 
orphan asylums are private or public institutions. — Attorney Gen- 
eral, Opinion 1049, 1914. 

Section 3088. During the two weeks ending on the cierk shall 
fourth Saturday in July, the clerk of the board of trustees '■^po''*: '^^'"^s 

1111 11 1' 1 1 =i"a SLg&s to 

shall take and return to the county auditor the names and auditor, 
ages of all youth of school age in such home. The state 
common school fund, not otherwise appropriated by law. 
shall be apportioned in proportion to the enumeration of 
youth, to such home and other districts, sub-districts and 
joint sub-districts within the county. The amount of money 
due such home under such apportionment shall be set apart 
by the auditor of the county, and shall become a part of the 
children's home fund and used to maintain a common 
school in such home, and shall be paid out on certificate of 
the trustees, stating in the certificate, the amount and the 
purposes thereof. Thereupon the county auditor shall is- 
sue his warrant on the treasurer for the amount so cer- 
tified. This section shall not apply to children's homes in 
counties where such children attend the public schools. 
When in their judgment advisable, the trustees may em- 
ploy a teacher to teach the school in any such home, as pro- 
vided by law, but such teacher must have a ''teacher's ele- 
mentary school certificate" as provided for by section seven 
thousand eight hundred and twenty-nine of the General 
Code. (103 V. 864.) 

Section 3085 and 3088, General Code, vest the control of 
schools located at county children's homes in the board of trustees 
of such homes and they maintain control of the same until such 
time as schools are established by the respective boards of educa- 
tion of the districts wherein such county or orphan's homes are 
located, upon the request of the board of trustees of such homes 
to such board of education to so established such schools. There 



232 SCHOOLS AND ATTENDANCE. 

is no statutory provision whereby the schools of county homes 
can be brought uniformly under the supervision of the boards of 
education of the respective districts, except that it be done in 
accordance with the provisions of sections 7676 and 7677, General 
Code, supra. 

Schools in county homes may be established and maintained 
independently of the boards of education of the respective districts 
wherein such homes are located, until such time as such schools 
may be brought under the control of the boards of education of 
such respective districts by the boards of education establishing 
schools at such homes in accordance with Sections 7676 and 7677, 
General Code, here before mentioned. 

The phrase "or orphans asylum established by law," as em- 
ployed in Section 7676, General Code, does not include an institu- 
tion incorporated for the purpose of caring for dependent children, 
and which is not maintained in any manner by funds derived from 
governmental sources. The phrase "established by law" means 
those children's homes or orphans asylums which are etablished 
and maintained by the state or some political subdivision thereof, 
and cannot be said to apply to institutions incorporated for the 
purpose of caring for dependent children, which are privately 
managed institutions and which do not derive support from the 
state. — Attorney General, Opinion No. 1296, Dec. 14, 1914.) 

Control and SECTION y6yy. All schools SO established in any such 

S^ch'^^scho^is?^ home or asylum shall be under the control and manage- 
ment of the respective boards of education of the school 
districts in which such homes and institutions are located, 
and courses of study, length of school term, and all other 
school matters shall be uniform in the respective ^school 
Teachers. districts. Tcachcrs employed in such homes or institu- 

tions must have a teacher's elementary school certificate 
as provided by section seven thousand eight hundred and 
twenty-nine of the General Code. (103 v. 864.) 

There is no statutory authority for the joint building of a 
school house by the board of education of a school district and 
the trustees of an orphans' home in the same district for the 
accommodation of the pupils of the school district and those of 
the orphans' home. — Attorney General, 1911-12, p. 511. 

Sections 3085 and 3088, General Code, vest the control of 
schools located at county children's homes in the board of trustees 
of such homes and they maintain control of the same until such 
time as schools are established by the respective boards of educa- 
tion of the districts wherein such county or orphans' homes are 
located, upon the request of the board of trustees of such homes 
to such board of education to so establish such schools. There is 
no statutory provision whereby the schools of county homes can be 
brought uniformily under the supervision of the boards of educa- 
tion of the respective districts, except that it be done in accordance 
with the provisions of sections 7676 and 7677, General Code, supra. 

Schools in county homes may be established and maintained 
independntly of the boards of education of the respective districts 
wherein such homes are located, until such time as such schools 
may be brought under the control of the boards of education of 
such respective districts by the boards of education establishing 
schools at such homes in accordance with Sections 7676 and 7677, 
General Code herebefore mentioned. 

The phrase "or orphans' asylums established by law," as 
employed in Section 7676, General Code, does not include an 
institution incorporated for the purpose of caring for dependent 
children, and which is not maintained in any manner by funds 
derived from governmental sources. The phrase "established by 
law" means those children's homes or orphans' asylums which 
are established and maintained by the state or some political sub- 



SCHOOLS AND ATTENDANCE. 233 

division thereof, and cannot be said to apply to institutions in- 
corporated for the purpose of caring for dependent children, 
which are privately managed institutions and which do not derive 
support from the state. — Attorney General, Opinion 1296, 1914. 

Section 7678. In the establishment of such schools cost; how 
the commissioners' of the county in which such children's p^*^- 
home or orphans' asylum is established, shall provide the 
necessary school room or rooms, furniture, fuel, apparatus 
and books, the, cost of which for such schools must be 
paid out of the funds provided for such institution. The 
board of education shall incur no expense in supporting 
such schools. (103 V. 864.) 

Inmates of a children's home are classed equally with other 
youth under the meaning of section 7681, General Code, and such 
inmates may attend a village school not within their own district, 
if there is no school within their own district within one and one- 
half miles of the home or at closer proximity than the village 
school. The board of education of said village cannot charge 
tuition for said inmates until they have notified the board of 
education of the district in which the pupils reside. 

The duty of providing for the education of such inmates 
devolves upon the board of education of the township in which 
they reside and not upon the trustees of the home. — Attorney Gen- 
eral, 1911-12, p. 1480. 

Section 7679. In any rural, village, or city district, Establishment 
or part thereof, parents or guardians of youth of school slhooS^^"^ 
age may petition the board of education to organize an 
evening school. The petition must contain the names of 
not less than twenty-five youth of school age who will at- 
tend such school, and who for reasons satisfactory to the 
board are prevented from attending day school. Upon re- 
ceiving such petition the board of education shall furnish 
a suitable room for the evening school and employ a com- 
petent person who holds a regularly issued teacher's cer- 
tificate, to teach it. Such board may discontinue any such 
evening school, when the average evening attendance for 
any month falls below twelve. (104 v. 225.) 

When a village board of education was authorized by electors 
under section 7592, General Code, to levy an additional tax of 
five mills for five years, such board may proceed to issue bonds 
without further authorization of the electors provided that the 
conditions of 7626 and 7679, General Code, with reference to the 
quality and nature of the bonds and the provisions of section 
7629 with reference to the amount of the bonds and the procedure 
of the board be complied with. — Attorney General, 1911-12, p. 534. 

Section 7680. Any person more than twenty-one Attendance 
years old may be permitted to attend evening school upon by person 
such terms and upon payment of such tuition as the board ?J^°enty-on" 
of education prescribes. (90 v. 117.) ^^^^ °^^ 



one 



Section 12906. Whoever, being a pupil in the pub- Pupu joining 
lie schools, organizes, joins or belongs to a fraternity, ^^^^^i^^^^' 
sorority or other like society composed of or made up of 
pupils of the public schools, shall be fined not less than 



234 



SCHOOLS AND ATTENDANCE. 



Teacher, prin- 
cipal or super- 
intendent fail- 
ing to give 
notice of fra- 
ternity in 
schools. 



Board of edu- 
cation to in- 
vestigate 
charges of 
existence of 
fraternity; 
notice to mem- 
bers thereof. 



Suspension of 
pupil who 
fails to obey 
notice. 



Who may be 
admitted to 
school free; 
children's 
homes and 
orphans' 
asylums. 



ten dollars nor more than twenty-five dollars for each of- 
fenses. (99 V. 253 §§ I, 3.) 

If the fraternties, sororities, or societies are composed of or made up 
of, in whole or in part, of persons other than pupils of the public schools, a 
pupil joining such a fraternity or society would not be liable for so doing. 

The only way in which the penalty can be assessed is by proper prose- 
cution and conviction under the acts relating to criminal procedure. Atty. Gen. 
Opinion. 

Section 12907. Whoever, being a teacher, principal 
or superintendent, having knowledge or reason to believe 
that a fraternity, sorority or like society composed or 
made up of pupils of the public schools, is being organized 
or maintained in the public schools or that a pupil attend- 
ing such school is organizing, or is a member of, such fra- 
ternity, sorority or like society, fails forthwith to advise 
the president or secretary of the board of education in 
charge of such schools thereof, shall be fined not less than 
ten dollars nor more than twenty-five dollars for each 
offense. (99 v. 253 §§ 2, 3.) 

Section 12908. Whoever, being a board of educa- 
tion in charge of public schools, upon being advised in ac- 
cordance with the provisions of the next preceding section, 
within thirty days thereafter, fails to investigate such 
charges after not less than ten days' written notice to such 
pupils, their parents or guardians, or being the secretary 
of such board of education, when such board has found 
the charges mentioned in the next preceding section to be 
correct and true, fails forthwith to notify in writipg the 
pupils organizing, joining or belonging to such fraternity, 
sorority or like society, to disband and discontinue it and 
to withdraw therefrom within five days from the receipt 
of such notice, shall be fined not less than ten dollars nor 
more than twenty-five dollars for each offense. (99 v. 
253 §§ 2, 3.) 

Section 12909. Whoever, being a pupil in the public 
schools, organizing, joining or belonging to a fraternity, 
sorority or like society composed or made up of pupils of 
the public schools, fails to obey the notice provided for in 
the next, preceding section, shall be forthwith suspended 
from the public schools by the superintendent or principal 
in charge thereof, until such pupil shall comply with the 
order of such board of education. (104 v. 225.) 

Section 7681. The schools of each district shall be 
free to all youth between six and twenty-one years of age, 
who are children, wards or apprentices of actual residents 
of the district, including children of proper age who are 
inmates of a county or district or of any public or private 
children's home or orphans' asylum located in such a 
school district, but the time in the school year at which 
beginners may enter upon the first year's work of the 
elementary schools shall be subject to the rules and regula- 
tions of the local boards of education. The board of edu- 
cation in any district in which a public or private children's 



SCHOOLS AND ATTENDANCE. 235 

home or orphans' asylum is located, when requested by the 
governing body thereof, shall admit the children of school 
age of such home or asylum to the public schools of the 
school district. The county commissioners shah pay the 
tuition of such pupils to the school or schools maintained 
by the board of education at a per capita rate which shall 
be ascertained by dividing the total expenses of conducting 
the elementary schools of the district attended, exclusive 
of permanent improvement and repairs, by the total en- 
rollment in the elementary schools of the district, such 
amount to be computed by the month. An attendance any 
part of the month shall create a liability for the whole 
month. The distributive share of school funds from the 
state for the children of such home or asylum shall then 
be paid to the county commissioners. But all youth of 
school age living apart from their parents or guardians 
and who work to support themselves by their own labor, 
shall be entitled to attend school free in the district in 
which they are employed. (io6 v. 489.) 

Under section 4750', General Code, a board of education is 
empowered to make such regulations as it deems necessary for 
the governemnt of its employes and the pupils of the school. 
Under this section, the board may designate what studies such 
pupil shall be required to take. — Attorney General, 1913, p. 1153. 

The board of education is not vested with any power to 
rfeuse admission to pupils who have attained the age of six years, 
during the session of a school term. — Attorney General, 1911-12, 
p. 1018. 

Inmates of a children's home are classed equally with other 
youth under the meaning- of section 7681, General Code, and such 
inmates may attend a village school not within their own district, 
if there is not school within their own district within one and 
one-half miles of the home or at closer proximity than the village 
school. The board of education of said village cannot charge 
tuition for said inmates until they have notified the board of 
education of the district in which the pupils reside. 

The duty of providing for the education of such inmates 
devolves upon the board of education of the township in which 
they reside and not upon the trustees of the home. — Attorney 
General, 1911-12, p. 1480. 

Under the provisions of Section 7676, General Code, the 
board of education of the respective school districts of the state 
wherein are located county or children's homes, are required to 
provide schools and sufficient educational facilities for the inmates 
of such county or children's home, either by the establishment of 
special schools located at such county or district children's 
homes or in the regular schools of the respectve districts. 

Under Section 7681, General Code, the public schools of the 
state are free to the inmates of orphan asylums located in such 
respective school districts, regardless of whether or not such 
orphan asylums are private or public institutions. — Attorney 
General, Opinion No. 1049, 2914. ^ 

A township board of education not maintaining a high school 
is nof required to pay the tuition of a Boxwell-Patterson graduate 
who received a diploma from said township board of education, 
who has moved with his parents into a village school district, pro- 
vided his parents have an actual residence in such village. The 
mere fact that the father of the pupil holds a voting residence in 
the township, if he has. an actual residence in the village Avould 
not require the township to pay the tuition. — Attorney General, 
Opinion No. 962. 1914. 



236 



SCHOOLS AND ATTEXDANCE. 



Non-resident SECTION 7682. Eacli board of educatioii may admit 

f""!"''^- other persons upon such terms or upon the payment of 

such tuition as it prescribes. (97 v. 360.) 

The provisions of Sec. 7683 of the General Code providing for a deduc- 
tion from the tuition of a non-resident high school pupil, of the aniount of 
school tax paid by such pupil or his parent upon property owned and located 
within the school district attended, referred to cases where the pupil or 
parent were themselves chargeable with such tuition. 

Said section has no application to Sec. 7747 of the General Code, under 
which the board of education of such pupil's residence is now made liable for 
such tuition. 

In this case, therefore, the amount of said school tax may not be 
deducted: Attorney General 1912, p. 1421. 



Crediting of 
school tax 
on tuition. 



Assignment 
of pupils. 



Section 7683. When a youth between the age of six 
and twenty-one years or his parent owns property in a 
school district in which he does not reside, and he attends 
the schools of such district, the amount of the school tax 
paid on such property shall be credited on his tuition. (97 
V. 360.) 

The provisions of section 7683 of the General Code pro- 
viding for ai deduction from the tuition of a non-resident high 
school pupil, of the amount of school tax paid by such pupil or 
his parent upon property owned and located within the school 
district attended, referred to cases where the pupil or parent were 
themselves chargeable with such tuition. 

Said section has no application to section 7747 of the Gen- 
eral Code, under which the board of education of such pupil's 
residence is now made liable for such tuition. 

In this case, therefore, the amount of said school tax may 
not be deducted. — Attorney General, 1912. p." 1421. 

If a parent of a non-resident pupil owns stock in a mer- 
cantile or other corporation which is taxed in the district no 
part of the same paid by such corporation under the levy for 
school purposes may be credited upon the tuition chargeable 
against such parent in that district. — Attorney General, Opinion 
No. 767, 1914. 

Section 7684. Boards of education may make such 
&n assignment of the youth of their respective districts to 
the schools established by them as in their opinion best will 
promote the interests of education in their districts. (97 
V. 360.) 

School attendance should not be determined under Section 
7730, General Code, at a time when there is an epidemic prevail- 
ing in the school, or rather in the district wherein such school is 
located. Such average daily attendance should be determined dur- 
ing the year when the school attendance is normal or not af- 
fected by an epidemic. 

When the average daily attendance of a school during the 
preceding year has been below twelve, because of an epidemic 
"and such average daily attendance for the succeeding year would 
be more than an average of twelve, the board could legally employ 
a teacher and continue such school, and the payment of such 
teacher would be legally authorized under the law. — Attorney 
General, Opinion No. 1370, 1914. 

Section 4736, General Code, as amended. 10 O. L., 138, ap- 
plies to rural or village school districts which go to make up 
county school districts and does not seem to have application to 
the internal affairs of the rural school districts, formerly township 
school districts and village school districts, which go to make up 
and constitute the respective county school districts of the state. 



SCHOOLS AND ATTENDANCE. 23; 

Local boards of education of rural school districts, formerly 
township school districts, cannot change boundaries of subdis- 
tricts for the reason that such boundaries of such subdistricts no 
longer exist. However, such boards of education under Section 
7684, General Code, have the authority to make such assignment 
of the youth of their respective districts to the schools established 
by them as in their opinion will best promote the interests of 
education in their districts. — Attorney General, Opinion No. 1308, 
1914. 

Under Section 7730, General Code, prior to its amendment, 
104 O. L., 139, it was optional with Board of Education of a 
township school district to suspend the schools when the average 
daily attendance thereof was less than twelve. If a township 
board of education entered into a contract with a teacher for 
teaching a subdistrict under its jurisdiction, and such subdistrict 
was abolished in accordance with Section 7730, General Code, such 
act operated as a termination of the contract, provided such act 
occurred before the termination of the contract because of the 
lapse of time such contract was to run. Likewise such contract 
would be terminated if the school should be suspended in accord- 
ance with the mandatory provisions of Section 7730, General Code, 
as amended, 104 O. L., 139. An expenditure of money upon such 
contract, after being so treminated under the provisions contained 
in said section as the same existed both prior to its amendment 
and since its amendment above referred to would be illegal. 

By virtue of Section 7684, General Code, a board of educa- 
tion may assign pupils to attend a school which had been previously 
suspended under Section 7730, supra, because of the attendance 
being less than twelve for the precejiing year and such school may 
again be continued as such school, provided that this course in 
the opinion of the board, will best promote the interests of educa- 
tion in the district. — Attorney General, Opinion No. 1321, 1914. 

A rule which provides for the proper examination at the end of the 
school year of pupils by the teacher of the grade in which such pupjls have 
been students and the superintendent of the schools, and for the promotion 
of pupils to the next higher grade upon the recommendation of such teacher 
and superintendent, the same being based on merit, is a reasonable rule. 

A pupil who has favorably passed examination, and been given a proper 
certificate authorizing him to enter the next higher grade, is without right, 
in the absence of authority from the board of education, to omit such grade 
to which he hps been promoted and passed to a higher one. 

Where by direction of the parent of the pupil thus promoted, the pupil, 
without authority of the board, enters the room of such higher grade for the 
purpose of remaining there, it is the right and duty of the superintendent to 
refuse to ailow the pupil to remain and direct him to go to the room of the 
grade to which he has been promoted. 

In the absence of any showing that application had been made to the 
board for permission to the pupil to enter such higher grade, and in the 
absence of showing that the board had before it a report of its superintendent 
recommending the promotion of the pupil to such higher grade, mandamus 
will not lie to compel the board to order such promotion even though it be 
shown that the pupil was, at the time of such attempted entry, in fact fitted 
to enter such grade: Board of Education v. State, ex rel., 80 O. S. 133. 

Upon the question of separate schools for colored children, see G. C. 
7681. 

Section 7685. No pupil shall be suspended from Suspension 
school by a superintendent or teacher except for such of^pupSs.'^'^" 
time as is necessary to convene the board of education, 
nor shall one be expelled except by a vote of two thirds of 
such board, and after the parent or guardian of the offend- 
ing pupil has been notified of the proposed expulsion, and 
permitted to be heard against it. No pupil shall be sus- 
pended or expelled from any school beyond the current 
term thereof. (89 v. 96.) 

The father of a child entitled to the benefits of the public school of the 
sub-district of his residence may maintain an action against the teacher of 
the school, and the local directors of the sub-district, for damages for wrong- 
fully expelling the child from school: Roe v. Deming 21 O. S. 666. 



238 



SCHOOLS AND ATTENDANCE. 



Vaccination 
of pupils. 



Dismissal of 
school on 
holidays. 



A pupil cannot be expelled from school, except in strict compliance with 
the statutory provisions on that subject: Brown v. Board of Education, 6 
O. N. P. 411, 8 O. D. (N. P.) 378. 

In case of compliance with statutory provisions, the court will not 
interfere with the sound discretion of the school authorities: Brown v. Board 
of Education, 6 O. N. P. 411, 8 O. D. (N. P.) 378. 

Section 7686. The board of each district may make 
and enforce such rules and regulations to secure the vacci- 
nation of, and to prevent the spread of small-pox among 
the pupils attending or eligible to attend the schools of the 
district, as in its opinion the safety and interest of the 
pubhc require. Boards of health, councils of municipal 
corporations, and the trustees of townships, on application 
of the board of education of the district, at the public ex- 
pense, without delay, shall provide the means of vaccina- 
tion to such pupils as are not provided therewith by their 
parents or guardians. (69 v. 22.) 

This section is constitutional. State ex rel. v. Board of Educaiton, 76 
O. S. 297. 

This section confers authority on the board of education to make and 
enforce rules to secure vaccination to prevent the spread of smallpox: State, 
ex rel., v. Barberton, 19 O. C. D. 375; Carr v. Board of Education, 1 O. N. 
P. (N. S.) 602. 

The fact that it is the policy of the state to encourage education, and 
to enforce attendance at school (see G. C. Sec. 7762, et seq.) does not render 
invalid a rule which required vaccination for smallpox as a condition of 
admission to the public schools: State, ex rel., v. Board of Education, 7 O. 
C. C. (N. S.) 608. 

A parent who sends his child to a public school and is willing to con- 
tinue so to do, but the child is excluded for failure to comply with a rule of 
the board of education requiring vaccination, is not liable to conviction under 
the compvilsory education act: State v. Turney, 12 O. C. C. (N. S.) 33, 21 
O. C. D. 222. 

Section 7687. Teachers in the public schools may 
dismiss their schools, without forfeiture of pay, on the 
first day of January, the twenty-second day of February, 
the thirtieth day of May, the fourth day of July, the first 
Monday in September, the twenty-fifth day of December, 
and on any day set apart by proclamation of the president 
of the United States, or the governor of this state as a day 
of fast, thanksgiving or mourning. (97 v. 360.) 

A teacher is not bound by the provisions of a contract which 
are in contravention of law. 

He may dismiss his school on legal holidays without for- 
feiture of pay, notwithstanding the clause in his contract pro- 
viding salary by the day. 

Boards of education cannot compel teachers to make up for 
time lost on the above-mentioned days. 

Hiring teachers by the day does not affect their rights under 
this section. — Attorney General, Opinion. 

The board of education is not acting illegally in employing 
a person not possessed of a teacher's certificate to teach in the 
emergency arising by reason of the illness of a regular teacher. 

The action of the board in allowing said regular teacher full 
pay during said absence is in effect an increase in pay and not 
illegal. Such action, however, should be scrutinized. 

The payment by the absent teacher, of compensation to the 
aforesaid substitute, is a private arrangement not objectionable. — 
Attorney General, 1912, p. 226. 

When a board of education passed a resolution legal in form 
employing certain teachers, the effect thereof would be to employ 
said teachers, though certain provisions of said resolution requir- 
ing said teachers to enter into a written contract "to make up for 
legal holidays and for the time lost in the event of epidemic" 
would be void because against the statutes and public policy of the 
state of Ohio. —Attorney General. lPll-12, p. 1322. 

For other holidays, see G. C. Sec. 5976, et seq. 



SCHOOLS AND ATTENDANCE. 239 

Section 8301. The following days, viz: 

1. The first day of January, known as New Year's Holidays 
Day; '^'''^^^■ 

2. The twenty-second day of February, known as 
Washington's Birthday ; 

3. The thirtieth day of May, kilown as Decoration 
or Memorial Day; 

4. The fourth day of July, known as Independence 
Day; 

5. The first Mondav of September, known as Labor 
Day; 

6. The twelfth day of October, known as Columbus coiumbus 
^Discovery Day; dly'"''^'^ 

7. The twenty-fifth day of December, known as 
Christmas Day; 

8. Any day appointed and recommended by the gov- 
ernor of this state or the president of the United States 
as a day of fast or tranksgiving ; and 

9. Any day which may hereafter be made a legal 
holiday, shall for the purpose of this division, be holidays. 
But if the first day of January, the twenty-second day of 
February, the thirtieth day of May, the fourth day of July, 
or the twenty-fifth day of December be the first day of the 
week, known as Sunday, the next succeeding secular or 
business day shall be a holiday. (loi v. 34.) 

First Monday of September, Labor Day, a holiday for all purposes: 
G. C. Sec. 5977. 

Section 7688. Not later than April the governor of Arbor day. 
the state shall appoint and set apart one day in the -spring 
season of each year, as a day on which those in charge of 
the public schools and institutions of learning under state 
control, or state patronage, for at least two hours must 
give information to the pupils and students concerning the 
value and interest of forests, the duty of the public to 
protect the birds thereof, and also for planting forest 
trees. Such day shall be known as Arbor Day. (95 v. 38 

§ I-) 

Section 7689. The school year shall begin on the school year, 
first day of September of each year, and close on the JJIe"]J^' ^"'' 
thirty- first day of August of the succeeding year. A 
school week shall consist of five days, and a school month 
of four school weeks. (72 v. 181.) 

Boards of education cannot compel pupils to attend school, 
or teachers to teach the same, more than five days in any one 
week, and teachers cannot make up for lost time by teaching six 
days in a week without express authority from the board of 
education. — Attorney General. 

Cases of urgent necessity are excepted from the provisions 
of section 7623, General Code, providing for certain procedure 
when the cost of repairing or improving a school house in other 
than city districts exceeds five hundred dollars. 

Inasmuch, therefore, as the board of education is required to 
provide for at least thirty-two school weeks in a year, and as the 
mayor may prohibit use of school buildings until compliance has 



240 



SCHOOLS AND ATTENDANCE. 



been made with the orders of the chief inspector of workshops 
and factories the board of education of a village upon such 
order from the chief inspector of workshops and factories, made 
after the school year has begun, may dispense with the procedure 
of section 7623 and execute necessary repairs without advertising 
for bids. — Attorney General, 1911-12, p. 1318. 

Control of Section 7690. Each board of education shall have 

in^°boards^^*^^ ^^^^ management and control of all of the public schools of 
whatever name or character in the district. It may appoint 
a superintendent of the public schools, truant officers, and 
janitors and fix their salaries. If deemed essential for the 
best interests of the schools of the district, under proper 
rules and regulations, the board may appoint a superintend- 
ent of buildings, and such other employes as it deems 
necessary, and fix their salaries. Each board shall fix the 
salaries of all teachers, which may be increased, but not 
diminished during the term for which the appointment is 
made. Teachers must be paid for all time lost when the 
schools in which they are employed are closed owing to an 
epidemic or other public calamity. (97 v. 360.) 

A board of education may not provide that the superintendent 
of schools shall receive, in addition to a stated salary, all funds 
received for tuition of non-resident pupils, for the reason that 
such payment would not be a "fixed" salary as intended by sec- 
tion 7690, General Code. 

Furthermore, such would be in contravention to Section 7603, 
General Code, which provides special distribution for the respec- 
tive funds under the control of the board. — Attorney General, 
1912, p. 491. 

When a board of education passed a resolution legal in 
form employing certain teachers, the effect thereof would be to 
employ said teachers, though certain provisions of said resolution 
requiring said teachers to enter into a written contract "to make 
up for legal holidays and for the time lost in the event of epidemic" 
would be void because against the statutes and public policy of 
the state of Ohio. — Attorney General, 1911-12, p. 1322. 

A special act of the legislature providing for the payment by 
a board of education of compensation to a teacher who performed 
teacher's services without a certificate as well as janitor's services 
at the behest of said board, is not invalid. — Attorney General, 
1912, p. 1339. 

A Board of Education is not to be denied State Aid by 
reason of the fact that it pays authorized expenses other than 
teachers' salaries out of the tuition fund, such as Superintendent's 
salary and institute fees. 

The amount of State Aid allowed, however, shall not exceed 
such sum as is necessary to make teachers' salaries equal to $40.00 
per month. — Attorney General, 1912, p. 98. 

In general, a city or any other taxing district cannot, be 
made to bear more than its proportionate share of a shortage 
made necessary to bring the total levy for all purposes within the 
limitations of the Smith one per cent tax law. The abuse of dis- 
cretion, however, on the part of the budget commissioners must 
be clearly apparent before the courts will substitute their judg- 
ment for that of the budget commission. 

The direction of the supreme court in State vs. Sanzenbacher, 
stating that it is the duty of the budget commission in revising 
and reducing levies "to have due regard to the proportions of the 
total amount that each taxing board or taxing oflficers are au- 
thorized to levy" is not to be construed strictly. The words 
imply a discretionary power on the part of the commission. 



SCHOOLS AND ATTENDANCE. 24I 

A clear, arbitrary and considerable violation of this discre- 
tion may be remedied by injunction or mandamus. — Attorney 
General, 1912, p. 1544. 

This section is constitutional and valid: Pierce v. Board of Education, 
1 O. N. P. 286. 

The courts have no power to interfere with the discretion of the board 
of education in the appointment of teachers, unless such discretion has been 
abused grossly; and injunction will not lie to control such discretion: You- 
mans v. Board of Education, 13 O. C. C. 207. 

The discretionary power of the board of education cannot be controlled 

by a writ of mandamus: State, ex rel., v. Board of Education, 19 O. C. C. 574. 

The court cannot by injunction prevent the board of education from 

adopting and enforcing a rule requiring the reading of the Bible as a part of 

the opening exercises of the school: Nessle v. Hum, 1 O. N. P. 140. 

The board of education may, if it deems proper, forbid the reading of 
the Bible in the public schools; and thev may discharge a teacher who refuses 
to comply with such rule: Board of Education v. Pulse, 7 O. N. P. 58. 

By virtue of G. C. Sec. 4752, which provision is mandatory, an election 
of a teacher by unanimous vote, but without calling the roll of the rnembers 
and entering upon the record the names of those voting aye, is invalid: 
Board of Education, v. Best, 52 O. S. 138. 

For the election of teachers upon recommendation of the superintendent 
see G. C. Sec. 7703. 

Authority to elect teachers cannot be delegated: State, ex rel., v. 
Williams, 29 O. S. 161. 

Under a provision that a person cannot be employed as a teacher, unless 
he has the proper certificate (see G. C. Sec. 7830, et seq.), a contract of 
employment made with a teacher before he obtains the necessary certificate is 
Valid, if such teacher obtains the proper certificate before he enters upon the 
performance of his duties as teacher: School District v. Dilman, 22 O. S. 
194; see also, Youmans v. Board of Education, 13 O. C. C. 207. 

A record which shows the yea and nay vote and how each member voted 
is sufficient, although it does not expressly state that the roll was called: 
Youmans v. Board of Education, 13 O. C. C. 207. 

The courts will interfere with the discretion of a board of education in 
electing teachers only in case of a gross abuse of its discretionary power: 
Youmans v. Board of Education, 13 O. C. C. 207. 

It is not necessary that a superintendent of schools should have a 
certificate to teach all the branches which are taught in the schools of which 
he is elected superintendent; and if there are other teachers in such schools, 
it will not be presumed, in the absence of evidence, that the superintendent 
taught any of the branches of which he did not have a certificate: State, ex 
rel., v. Moser, 12 O. C. C. 247. 

A contract is entered into between a teacher or superintendent and a 
school district when the board of education passes a resolution for the employ- 
ment of such teacher or superintendent, causes notice thereof to be given to 
the person elected, and such person accepts such employment and enters upon 
the performance of his duties: State, ex rel., v. Moser, 12 O. C. C. 247. 

A board of education may affirm or reject the report of its committee 
upon teachers; and it cannot be required by proceedings in mandamus to give 
a good and sufficient reason for its action in the selection of a teacher: State, 
ex rel., v. Board of Education, 5 O. N. P. 446. 

Under a statute which required the clerk to call the roll of the board, 
and required each member of the board to announce verbally the name of 
the candidate who is his choice, the adoption of a written resolution naming 
the teachers to be employed upon roll call by 'a yea and nay vote, not in com- 
pliance with this section, is invalid: Pierce v. Board of Education, 1 O. N. 
P. 286. 

The fact that the auditor has not apportioned the school funds does not 
relieve the board of education from liability for the salaries of the teachers 
who are properly employed: State, ex rel., v. Zeeb, 9 O. C. C. 13, 6 O. C. D. 70. 
A promise which a board of education makes to a superintendent who 
has been elected at a definite salary, whereby after such election they agree 
to increase his salary to a stated amount, is invalid, as being without con- 
sideration, if no new services on the part of such superintendent are provided 
for, and if no new contract is entered into: Ward v. Board of Education, 21 
O. C. C. 699. 

The statutes entrust the exclusive management and control of the public 
schools to the board of education. Each board has the right, if it deems it 
right, to forbid the reading of the Bible in the public schools, and to discharge 
a teacher who refuses to comply with such rule: Board of Education v. Pulse, 
7 O. N. P. 58, 10 O. D. (N. P.) 17. 

The board of education has power to suspend pupils for disobedience 
of the lawful rules of the board: Sewell v. Board of Education, 29 O. S. 89. 
If a pupil has failed to comply with a lawful rule of the board of educa- 
tion, and no excuse for such non-compliance is presented, and such pupil is 
suspended by the teacher, with the consent of such board, neither the teacher 
nor the board is liable personally therefor: Sewell v. Board of Education, 
29 O. S. 89. 

A rule that pupils should be prepared with rhetorical exercises at the 
time appointed, and in case of failure so to be prepared, such pupil should be 
suspended immediately from such department, unless excuse on account of 
sickness or other reasonable cause, was held to be a reasonable and valid rule: 
Sewell v. Board of Education, 29 O. S. 89. 

A board of education has power to adopt the necessary rules and regu- 
lations for the government of the schools and for enforcing the rules and 
regulations thus adopted: Sewell v. Board of Education, 29 O. S. 89. 

S. I,. 



242 SCHOOLS AND ATTENDANCE. 

If a pupil is wrongfully suspended from a school by the teacher, with 
the consent of the directors of the sub-district, such wrongful act does not 
justify the treasurer in refusing to draw a warrant for the salary of such 
teacher, if such salary is properly certified by the local directors: State, ex 
rel., V. Blain, 36 U. S. 429. 

The salary which is due a teacher may be reached by garnishee : 
Belknap v. Pearson, 39 Bull. 140 Editorial. 

Terms. SECTION 7691. No person shall be appointed as a 

teacher for a term longer than four school years, nor for 
less than one year, except to fill an unexpired term, the 
term to begin within four months of the date of the ap- 
pointment. In making, appointments teachers in the actual 
employ of the board shall be considered before new teach- 
ers are chosen in their stead. (97 v. 360.) 

A teacher's license is not a contract and is subject to existing 
reasonable future restrictions. 

Section 7830, General Code, was amended so as to require 
after September 1, 1912, "elementary agriculture" in addition to 
the subjects formerly required, a certiticate issued under the 
formr law as an "elementary school certificaet" and valid for 
"all" branches of study required at that time, can now be con- 
sidered only as a "special certificate" valid as to certain specific 
studies but not for "all" subjects now required. 

The holder of a teacher's elementary certificate which was 
issued prior to the amendment above stated and which certificate 
extends beyond Sept. 1, 1912, will be required to take an examina- 
tion in elementary agriculture, in order to teach after Sept. 1, 
1912. 

It would not be legal to place "elemnetary agriculture" upon 
a teacher's elementary certificate issued prior to the amendment 
aforesaid, after the holder had passed an examination in this 
subject. A special certificate for the added branch may in such 
case be issued however. 

After the amendment and prior to Sept. 1, 1912, elementary 
agriculture should be added as a required branch. 

Former elementary certificates may be renewed only as 
"special certificates." 

A renewal certificate issued after passage of the amend- 
ment may have "elementary agriculture" included therein pro- 
vided, both the applicant's special certificates which are of the 
same class, including one for "elementary agriculture" and one 
for all subjects formerly required, run out of date of contem- 
plated renewal. 

As section 7821, General Code, has been amended so as to 
make all certificates ineffective until the first of September fol- 
lowing, holders of certificates which terminate prior to that date, 
may under section 7826, General Code, be granted temporary 
certificates extending from said date of termination to the first' 
of September following. — Attorney General, 1911-12, p. -555. 

The question of the constitutionality of an act being for the 
courts and it being the custom of the attorney general to with- 
hold judgment except in cases of manifest clearness, it is simply 
stated in the way of suggestion that in amending section 7691, 
General Code, relating to the appointment of teachers in the pub- 
lic schools, the question should be borne in mind whether such 
act, in making a teacher's position permanent after six years 
service, "promotes the efficiency of the schools" as stipulated in 
article VI, section 2 of the constitution of Ohio. 

The questions also figure as to whether such provision con- 
flicts with the rights of the school boards to contract for teacher's 
services, and whether such act would be contrary to the best 
interests of the public. — Attorney General, 1911-12, p. 7. 

When a board of education passed a resolution legal in form 
employing certain teachers, the effect thereof would be to employ 
said teachers, though certain provisions of said resolution re- 



SCPIOOLS AND ATTENDANCE. 



24^ 



quiring said teachers to enter into a written contract "to make 
uo for legal holidays and for the time lost in the event of epidemic" 
would be void because against the statutes and public policy of 
the state of Ohio. — Attorney General, 1911-12, p. 1322. 

Section 7692. Each and every board of education 
in this state may appoint at least one school physician ; 
provided two or more school districts may unite and em- 
ploy one such physician, whose duties shall be such as are 
prescribed in this act. Said school physician shall hold a 
license to practice medicine in Ohio. School physicians 
may be discharged at any time by the appointing power 
whether the same be a board of education or of health or 
health officer, as herein provided. School physicians shall 
serve one year and until their successors are appointed, and 
shall receive such compensation as the appointing board 
may determine. Such boards may also employ trained 
nurses to aid in such inspection in such ways as may be 
prescribed by the board. Such board may delegate the 
duties and powers herein provided for to the board of 
health or officer performing the functions of a board of 
health within the school district if such board or officer 
is willing to assume the same. Boards of education shall 
co-operate with boards of health in the preventing of epi- 
demics. (103 V. 864.) 

Section 7692-1. School physicians may make exami- 
nations and diagnosis of all children referred to them at the 
beginning of every school year and at other times if deemed 
desirable. They may make such further examination of 
teachers, janitors and school buildings as in their opinion 
the protection of health of the pupils and teachers may 
require. Whenever a school child, teacher or janitor is 
found to be ill or sufifering from positive open pulmonary 
tuberculosis or other contagious disease, the school physi- 
cian shall promptly send such child, teacher, or janitor 
home, with a note, in the case of the child, to its parents 
or guardian, briefly setting forth the discovered facts, and 
advising that the family physician be consulted. School 
physicians shall keep accurate card index records of all 
examinations, and said records, that they may be uniform 
throughout the state shall be according to the form pre- 
scribed by the state school commissioner, and the reports 
shall be made according to the method of said form ; pro- 
vided, however, that if the parent or guardian of any 
school child or any teacher or janitor after notice from the 
board of education shall within two weeks thereafter fur- 
nish the written certificate of any reputable physician that 
the child, or teacher or janitor has been examined, in such 
cases the services of the medical inspector herein provided 
for shall be dispensed with, and such certificate shall be 
furnished by such parent or guardian from time to time, 
as required by the board of education. Such individual 
records shall not be open to the public and shall be solely 
for the use of the boards of education and health or other 



School physi- 
cian, appoint- 
ment, qualifi- 
cations. 



Nurses. 



Examinations 
and diagnosis 
of children, 
teachers and 
janitors. 



Uniform card 
index records 
shall be kept. 



244 



SCHOOLS AND ATTENDANCE. 



Publication of 
rules for en- 
forcement of 
act. 



Who not 
eligible as 
physician. 



Affidavit of 
compliance. 



Board may 
provide 
additional 
compensation. 



Director of 
schools. 



health officer. If any teacher or janitor is found to have 
positive open puhnonary tuberculosis or other communicable 
disease, his or her employment shall be discontinued upon 
expiration of the contract therefore, or, at the option of the 
board, suspended upon such terms as to salary as the board 
may deem just until the school physician shall have certi- 
fied to a recovery from such disease. (103 v. 864.) 

Section y6g2-2. The state school commissioner and 
the state board of health, shall jointly pass rules for the 
detailed enforcement of the purposes of this act, which rules 
shall bear the seals of said board and commissioner, the 
said rules to be printed and promulgated by the state 
printer; promulgation to consist in supplying a reasonable 
number of copies to each school superintendent, from whom 
all that are interested may receive copies. (103 v. 864.) 

Section 7692-3. No member of the board of education 
in any district in this state shall be eligible to the appoint- 
ment of school physician during the period for which he 
or she is elected. (103 v. 86.) 

Section 7692-4. Each board of education by the affi- 
davit of an officer thereof or otherwise shall prove to the 
satisfaction of the state school commissioner that it has 
complied with the requirements of section seven thousand 
six hundred and ninety-two, seven thousand six hundred 
and ninety- two-one, and seven thousand six hundred and 
ninety-two-two, of the General Code. (103 v. 864.) 

Section 7693. The board of education of any school 
district, may provide and pay compensation to the employes 
of the board of health in addition to that provided by the 
city, township or other municipality. (103 v. 864.) 

Section 7694. A board of education in a city school 
district, may elect a director of schools, who shall serve as 
such for the term of two years, unless earlier .removed. A 
vacancy in this office shall be filled for the unexpired term 
thereof. (97 v. 360.) 



Powers. Section 7695. As director of schools, he shall exe- 

cute for the board of education, in the name of the school 
district, its contracts and obligations, except that bonds 
issued must be signed by the president of the board, and 
attested by the clerk. He shall see that all contracts made 
by or with such board are fully and faithfully performed. 
Except teachers, asistant teachers, supervisors, principals, 
superintendent of instruction, clerk of the board of educa- 
tion, such director shall have the appointment subject to the 
approval and confirmation of the board of all employes, and 
may discharge them. He shall have the care and custody 
of all property of the school district, real and personal, ex- 
cept moneys, oversee the construction of buildings, in the 



SCHOOLS AND ATTENDANCE. 245 

process of erection, and the repairs thereof; and advertise 
for bids and purchase all suplies and equipments authorized 
by the board. (97 v. 360.) 

As the tuition fund is in the nature of a trust fund, for the 
benefit of each individual youth in the state, transfers from said 
fund, in the treasury of a school district to a building fund can- 
not be made except under provision and conditions provided for 
in Section 5655 General Code for the purpose of reducing tax 
levy estimates at the annual meeting of the board. 

The common pleas court has powers, under Sections 2296- 
2302, General Code, to permit transfers "when no injury will 
result therefrom" but in view of the peculiar nature of the tuition 
fund, such action would be a rare possibility. — Attorney General. 
1912, p. 1206. 

A director of schools is not required, under G. C. Sec. 7623 and this 
section, to go to the expense of advertising for bids for every trivial thing 
in the way of supplies which may have been ordered by the board to be 
purchased: Gosline v. Board of Education, 11 O. C. C. (N. S.) 195. 

Accordingly this section does not make it necessary that the board of 
education shall let the contract for the supply of coal to the lowest bidder: 
Gosline v. Board of Education, 11 O. C. C. (N. S.) 195. 

Section 7696. Such director shall report to the board Duties. 
monthly, and oftener if required, as to all matters under his 
supervision, and report to the board a statement of its ac- 
counts, exhibiting the revenues, receipts, disbursements, 
assets and liabilities, the sources from which the revenues 
and funds are derived, and in what manner they have been 
disbursed. He shall keep acurate account of taxes levied 
for school purposes, and of all moneys due to, received and 
disbursed by the board ; also, of all assets and liabilities and 
all appropriations made by it, and receive and preserve all 
vouchers for payments and disbursements made to or by 
the board. He must issue all warrants for the payment of 
money from the school fund, but no warrant shall be issued 
for the payment of any claim until it has been approved by 
the board. The pay roll for teachers, assistant teachers and 
supervisors must be countersigned by the superintendent of 
instruction. Such director shall attend all meetings of the 
board, and perform all of its executive functions not here- 
inbefore excepted in defining the duties of the director of 
schools. He must devote such portion of his time to the 
duties of his ofifice as is required by the board of education 
at or before his election, and give a bond for the faithful 
discharge of his duties as director of schools, in such sum as 
the board determines, his sureties to be approved by it, 
which bond shall be deposited with the president of the 
board within ten days after his appointment. (97 v. 360.) 

Section 7697. Such director shall receive such com- compensation, 
pensation, not exceeding five thousand dollars per annum. 
as is fixed by the board before his election, which shall not 
be changed during his term of ofifice. (97 v. 360.) 



Section 7698. By a two-thirds vote for cause, the j^^ ^^^^ ^^^^ 
board of education at any time may suspend or remove the or remove 
director of schools, but such, suspension or removal shall not 
be made unless the charges are preferred in writing, and an 



director. 



246 



SCHOOLS AND ATTENDANCE. 



Appointees; 
clerk's duty. 



Resignations. 



opportunity afforded to bring all offered pertinent testimony 
in as a defense, which testimony shall be received and con- 
sidered by the board and made a part of its record. (97 
V. 360.) 

Sfxtiox 7699. Upon the appointment of any person 
to any position under the control of the board of education, 
the clerk promptly must notify such person verbally or in 
writing of his appointment, the conditions thereof, and re- 
quest and secure from him within a reasonable time to be 
determined by the board, his acceptance or rejection of such 
appointment. An acceptance of it within the time thus de- 
termined shall constitute a contract binding both parties 
thereto until such time as it may be dissolved, expires, or 
the appointee be dismissed for cause. (97 v. 360.) 

Section 7700. All resignations or requests for release 
from contract by teachers, superintendents, or employes, 
must be promptly considered by the board, but no resigna- 
tion nor release shall become effective except by its consent. 
• 97 V. 360.) 



Superintend- 
ent. 



Dismissals. SECTION 7701. Each board may dismiss any appointee 

or teacher for inefficiency, neglect of duty, immorality, or 
improper conduct. No teacher shall be dismissed by any 
board unless the charges are first reduced to writing and 
an opportunity be given for defense before the board, or a 
committee thereof, and a majority of the full membership 
of the board vote upon roll call in favor of such dismissal. 
(97 v. 360.) 

Section 7702. The board of education in each city 
school district at a regular meeting, between May ist and 
August 31st, shall appoint a suitable person to act as super- 
intendent of the public schools of the district, for a term not 
longer than five school years, beginning within four months 
of such appointment and ending on the 31st day of August. 
Vacancy. Provided, that in the event of a vacancy occurring in 

-the ofiice of the superintendent prior to May ist, the board 
of education may appoint a superintendent for the unex- 
pired portion of that school year. 

Provided, also, that if the vacancy occur through 
resignation or removal for cause, the superintendent thus 
resigning or removing shall be ineligible for reappointment 
to such office until after the reorganization of the board of 
education following the next general election of members of 
such board. (102 v. 193.) 

When a village advances to a city by reason of the last 
federal census, the board of education of the village continues its 
duties until the induction into office of the city board of education, 
but with the powers only of a village board of education. Such 
village board therefore, has the power only to appoint a superin- 
tendent for a term of three years as provided for villages under 
section 7705, General Code. 



SCHOOLS AND ATTRNDANC I£. 24/ 

An appointment by such board of a superintendent for a 
longer term as provided for cities under section 7702, General 
Code, is therefore void. — Attorney General, 1911-12, p. 563. 

On April 20, 1911, section 7702, General Code, as it then 
existed did not provide as it does in its present form, that the 
appointment of a school superintendent by the board of education 
in a city school district must be for a term beginning within four 
months of such appointment, and that such appointment must be 
made between May 1 and August 31. An appointment made on 
that date therefor to take effffect on July 1 of that year is valid. — 
Attorney General, 1913, p. 1510. 

Section 7703. Upon his acceptance of the appoint- Powers and 
ment, such superintendent, subject to the approval and con- duties, 
firmation of the board, may appoint all the teachers, and for 
cause suspend any person thus appointed until the board 
or a committee thereof considers such suspension, but no 
one shall be dismissed by the board except as provided in 
section seventy-seven hundred and one. But any city board 
of education, upon a three-fourths vote of its full member- 
ship, may re-employ any teacher whom the superintendent 
refuses to appoint. Such superintendent shall visit the 
schools under his charge, direct and assist teachers in the 
performance of their duties, classify and control the promo- 
tion of pupils, and perform such other duties as the board 
determines. He must report to the board annually, and 
oftener if required, as to all matters under his supervision, 
and may be required by it to attend any and all of its meet- 
ings. He may take part in its deliberations but shall not 
vote. (97 V. 362.) 

Section 7704. On the third Monday of every January "Service 
the clerk of the board of education of a city school district ^""^' 
shall certify to the board of education of which he is clerk, 
the number of pupils enrolled in the public schools of that 
district, whereupon the board of such city school district 
may by resolution set aside from the contingent fund a sum 
not to exceed five cents for each child so enrolled, such sum 
of money to be known as the ''service fund" to be used only 
in paying the expenses of such members actually incurred in 
the performance of their duties ; such payments to be made 
only on statement of the several members furnislied at the 
last meeting held in each month. (99 v. 322 §1.) 

Section 7705. The board of education of each village, Employment 
-and rural school district shall employ the teachers of the °^ teachers, 
public schools of the district, for the term not longer than 
three school years, to begin within four months of the date 
of appointment. The local board shall employ no teacher 
for any school unless such teacher is nominated therefor Designation of 
by the district superintendent of the supervision district Efgh"and 
in which such school is located except by a majority vote, schoois^^^^^ 
In all high schools and consolidated schools one of the 
teachers shall be designated by the board as principal and 
shall be the administrative head of such school. (104 v. 
133.) 



248 



SCHOOLS AND ATTENDANCE. 



When a village advances to a city by reason of the last 
federal census, the board of education of the village continues its 
duties until the induction into office of the city board of educa- 
tion, but with the powers only of a village board of education. 
Such village board therefore, has the power only to appoint a 
superintendent for a term of three years as provided for villages 
under section 7705, General Code. 

An appointment by such board of a superintendent for a 
longer term as provided for cities under section 7702, General 
Code, is therefore void. — Attorney General, 1911-12, p. 563. 

When a village school district, by reason of the last federal 
census, advances to a city school district, the members of the board 
of education of the old village district, under sections 4686 and 
4700, General Code, shall decide the number of members which 
shall compose the city board of education. 

The successors of the members of the board of education in 
such instance, shall be elected at the next annual election for 
school board members. 

A superintendent or teacher who has been elected for a 
legal term of years by said village board, may hold for said term 
under the city school districts regime. — Attorney General, 1911-12, 
p. 516. 

Construction of Section 7705, General Code, as amended, 104 
O. L., 144, also Section 4747, General Code, as amended, 104 O. L., 
139. 

Said sections prohibit a clerk of the board of education from 
being employed as teacher by the board of which such teacher is 
the clerk. — Attorney General, Opinion No. 1263, 1914. 

2 * * * * 

2. Teachers who were hired by township board of education 
before the new law, Section 7705, General Code, as amended, went 
into effect, for a term which extends beyond such time that said 
section went into effect, were legally hired, and the rural board 
of education is now bound to respect such contracts. — Attorney 
General, Opinion No. 1271, 1914. 

Under Section 4740, General Code, as amended, a village 
district already employing a superintendent, cannot join with a 
rural school district which never employed a superintendent and 
which said districts were never heretofore joined together for 
supervisory purposes by employing a superintendent in common 
upon application to the county board of education to be joined and 
continue as separate districts as authorized by said section. 

Under the recently enacted school code, appearing in 104, 
O. L., 133, school districts formerly designated as "special school 
districts" now constitute rural school districts, which said rural 
school districts are a part of the respective county school districts 
of the ^tate. Part of any county school districts may be transferred 
to an adjoining school district or city or village school district by 
the mutual consent of the boards of education having control of 
such districts. — Attorney General, Opinion No. 1054, 1914. 



Sexual inter- 
course with 
female pupils. 



Section 13030. Whoever, being a male person over 
twenty-one years of age and superintendent, tutor or 
teacher in a private, parochial or public school, or a semin- 
ary or other public institution, or instructor of a female in 
music, dancing, roller skating, athletic exercise, or other 
branch of learning, has sexual intercourse w^ith a female, 
with her consent, while under his instruction during the 
term of his engagement as such superintendent, tutor or 
instructor, shall be imprisoned in the penitentiary not less 
than two years nor. more than ten years. (83 v. 92.) 



SCHOOLS AND ATTENDANCE. 249 

Section 7706. The district superintendent shall visit Duties of dis- 
the schools under his charge, direct and assist teachers in Jgn^em^^"" 
the performance of their duties, classify and control the 
promotion of pupils, and shall spend not less than three- 
fourths of his working time in actual class room super- 
vision. He shall report to the county superintendent an- 
nually, and oftner if required, as to all matters under his 
supervision. He shall be the chief executive officer of all 
boards of education within his district and shall attend 
any and all meetings. He may take pari in their delibera- 
tions, but shall not vote. Such time as is not spent in 
actual supervision shall be used for organization and ad- 
ministrative purposes and in the instruction of teachers. 
At the request of the county board of education he shall 
teach in teachers' training courses which may be organized 
in the county school district. (104 v. 133.) 

Section 7706-1. The district superintendent shall, as Assemble 
often as advisable, assemble the teachers of his district for con^f^erence?'^ 
the purpose of conference on the course of study, discipline, 
school management and other school work and for the 
promotion of the general good of all the schools in the 
district. The county superintendent shall co-operate 
with the different district superintendents in holding such 
teachers' meetings and shall attend as many of them as 
his other duties will permit. (104 v. 133.) 

Section 7706-2. It shall be the duty of the district Recommend 
superintendent to recommend to the village and rural boards Jourse°°of ^"^ 
of education within such district, such text books and ^t^^^y- 
courses of study as are most suitable for adoption. (104 
V. 133O 

Section 7706-3. The county superintendent shall hold Duties of 
monthly meetings with the district superintendents and intrnlent!''^"^ 
advise with them on matters of school efficiency. He shall 
visit and inspect the schools under his supervision as often 
as possible and with the advice of the district superin- 
tendent shall outline a schedule of school visitation for 
the teachers of the county school district. (104 v. 133.) 

Section 7706-4. The county superintendent shall Supervision 
have direct supervision over the training of teachers in any coursesT"^ 
training courses which may be given in any county school reports, 
district and shall personally teach not less than one hun- 
dred nor more than two hundred periods in any one year. 
It shall be his duty to see that all reports required by law 
are made out and sent to the county auditor and super- 
intendent of public instruction and make such other re- 
ports as the superintendent of public instruction may re- 
quire. Any county superintendent or district superin- Superintendent 
tendent who becomes connected with or becomes an agent te"rest^ed m*" 
of or financially interested in any book publishing or book j'neHgibiT'fo"^ 
selling company or educational journal or magazine, shall hold such 
become ineligible to hold such office and shall be forthwith ° ^^' 



250 



SCHOOLS AND ATTENDANCE. 



General duties 
of teachers. 



Teachers dis- 
missed for 
insufficient 
cause. 



Filing and 
preservation of 
copies and 
price list of 
school books. 



removed by the board having control over such county 
superintendent or district superintendent. (104 v. 133.) 

Section 7706-5. The provisions of this act shall ap- 
ply only to the public schools of the state. (104 v. 133.) 

Section 7707. Teachers must exercise reasonable 
care in regard to school property, apparatus, and supplies 
intrusted to their keeping. They shall strive to guard the 
health and physical welfare of the pupils in their schools, 
give sufficient instruction in the studies pursued, and en- 
deavor to maintain good discipline over all the pupils under 
their charge. But no teacher shall be required by any board 
to do the janitor work of any school room or building, ex- 
cept as mutually agreed by special contract, and for com- 
pensation in addition to that received by him for his serv- 
ices as teacher. (97 v. 363.) 

Before a teacher may be entitled to $2.00 per day for attend- 
ance at an institute as provided by Section 7870 G. C, he must have 
attended such institute at least for four days, and the rule is the 
same whether during such attendance school is in session or not. 

A teacher cannot be compelled to do janitor work by the board 
of education unless under the terms of a special contract with said 
teacher and providing for extra compensation therefor. 

Section 7610 provides for relief through the county commis- 
sioners, where the board fails to provide janitor service. — Attor- 
ney General, 1911-12, p. 201. 

A teacher who is required by the board of education to do j'anitor 
work, without any special contract so to do and without compensation in 
addition to that received by him for his service as teacher, in violation of this 
section, may recover reasonable compensation for his services: Reid v. Board 
of Education, 6 O. N. P. (N. S.) 526. 

Sectiion 7708. If the board of education of any dis- 
trict dismisses a teacher for any frivolous or insufficient 
reason, the teacher may bring suit against such district. If, 
on trial of the cause a judgment be obtained against the 
district, the board thereof shall direct the clerk to issue an 
order upon the treasurer for the sum so found due to the 
person enttiled thereto, to pay it out of any money in. his 
hands belonging to the district, applicable to the payment 
of teachers. In such suits process may be served on the 
clerk of the district, and service upon him shall be sufficient. 
(97 V. 363.) 

Since possession of a certificate is prima facie evidence of 
competency and good character the burden of sustaining a charge 
against the teacher for inefficiency, neglect of duty, immorality or 
improper conduct is thrown upon the person or persons preferring 
such charges. — Attorney General, Opinion. 

The fact that a teacher has wrongfully suspended a pupil, in doing 
which he is complying with the orders of the board of education, does not 
prevent such teacher from recovering the agreed compensation for his serv- 
ices: State, ex rel., v. Blain, 36 O. S. 429. 

Referred to as showing that process may be served upon the clerk of 
a board of education: State, ex rel., v. Coon, 4 O. C. C. (N. S.) 560. 

Section 7709. Any publisher or publishers of school- 
books in the United States desiring to offer school-books 
for use by pupils in the common schools of Ohio as here- 
inafter provided, before such books may be lawfully 



SCHOOLS AND ATTENDANCE. 25 

adopted and purchased by any school board, must file in the 
office of the superintendent of pubHc instruction, a copy of 
each book proposed to be so offered, together with the pub- 
lished list wholesale price thereof. No revised edition of 
any such book shall be used in common schools until a copy 
of such edition has been filed in the office of the superin- 
tendent together with the published list of wholesale price 
thereof. The superintendent must carefully preserve in his 
office all such copies of books and the price thereof. (104 
V. 225.) 

The object of Section 7709, General Code, is to fix certain 
conditions, compliance with which shall entitled publishers of text- 
books to contract with boards of education for the sale of their 
books. 

After fixing the price which the books of a certain publisher 
may be sold at, 75% of the wholesale price, the state school com- 
missioner cannot within five years reduce such price unless the 
publisher refiles such book for listing with the commission. 

Where a text book company has made a contract for 75% of 
the wholesale price as fixed by the commission, but which contract 
extends beyond the five years' time for which such price was listed, 
and such company refuses to refile such book with the commission 
after such period has expired, the contract may be treated as termi- 
nated for the reasoon that said company's rights to so contract is 
limited to the five year period for which the price was fixed. — 
Attorney General, 1911-12, p. 540. 

The revision of a school book is the same as the offering of a 
new book under Sections 7709 and 7710, and therefore, the expira- 
tion of the listing of such revised school book expires five years 
from the date such revised edition is filed. — Attorney General, 
Opinion No. 1080. 1914. 



to publisher. 



Section 7710. When and so often as any book and j^^^^j 
the price thereof is filed in the office of the superintendent £5'^„^.,Y,r,ojke 
of public instruction as provided in section 7709 a com- 
mission consisting of the governor, secretary of state and 
superintendent of public instruction, immediately shall fix 
the maximum price at which such books may be sold to or 
purchased by boards of education, as hereinafter provided, 
which price must not exceed seventy-five per cent of the 
published list wholesale price thereof. The superintendent 
of public instruction immediately shall notify the publisher 
of such book so filed, of the maximum price fixed. If the 
publisher so notified, notifies the superintendent in writing 
that he accepts the price fixed, and agrees in writing to fur- 
nish such book during a period of five years at that price, 
such written acceptance and agreement shall entitle the 
publisher to offer the book so filed for sale to such boards 
of education. (104 v. 225.) 

The object of Section 7709, General Code, is to fix certain 
conditions, compliance with which shall entitle publishers of text 
books to contract with boards of education for the sale of their 
books. 

After fixing the price which the books of a certain publisher 
may be sold at, 75% of the wholesale price, the state school com- 
missioner cannot within five years reduce such price unless the 
publisher refiles such book for listing with the commission. 

Where a text book company has made a contract for 75% of 
the wholesale price as fixed by the commission, but which contract 



^5^ 



Schools and attendance:. 



Names and ad- 
dresses of 
ftublishers 
urnished to 
boards. 



extends beyond the five years' time for which such price was listed, 
and such company refuses to refile such book with the commission 
after such period has expired, the contract may be treated as termi- 
nated for the reason that said company's rights to so contract is 
limited to the five year period for which the price was fixed. — 
Attorney General, 1911-12, p. 540. 

The revision of a school book is the same as the offering of 
a new book under Sections 7709 and 7710, and therefore, the expira- 
tion of the listing of such revised school book expires five years 
from the date such revised edition is filed. — Attorney General, 
Opinion No. 1080, 1914. 

Section 771 i. Such superintendent, during the first 
half of the month of June, in each year, must furnish to 
each board of education the names and addresses of all 
publishers who during the year ending on the first day of 
the month of June in each year, agreed in writing to furnish 
their publications upon the terms above provided. A board 
of education shall not adopt or cause to be used in the com- 
mon schools any book whose pubHsher has not complied, as 
to such book, with the provisions of law relating thereto. 
(104 V. 225.) 

The object of Section 7709, General Code, is to fix certain 
" conditions, compliance with which shall entitle publishers of text 
books to contract with boards of education for the sale of their 
books. 

After fixing the price which the books of a certain publisher 
may be sold at, 75% of the wholesale price, the state school com- 
missioner cannot within five years reduce such price unless the 
publisher refiles such book for listing with the commission. 

Where a text book company has made a contract for 75% of 
the wholesale price as fixed by the commission, but which contract 
extends beyond the five years' time for which such price was listed, 
and such company refuses to refile such book with the commission 
after such period has expired, the contract may be treated as termi- 
nated for the reason that said company's rights to so contract is 
limited to the five year period for which the price was fixed. — 
Attorney General, 1911-12, p. 540. 

Violation of SECTION 7712. If a publisher who agreed in writing 

publfslleh ^^ ^^ furnish books as above provided, fails or refuses to fur- 
nish such books adopted as herein provided to any board 
of education or its authorized agent upon the terms herein 
provided, such boards at once must notify such commission 
of such failure or refusal, and it at once shall cause an in- 
vestigation of such charge to be made. If it is found to be 
true the commission at once shall notify such publisher and 
each board of education in the state that such book shall 
not thereafter be adopted and purchased by boards of edu- 
cation. Such publisher shall forfeit and pay to the state of 
Ohio five hundred dollars for each failure, to be recovered 
in the name of the state, in an action to be brought by the 
attorney-general, in the court of common pleas of Franklin 
county, or in any other proper court or in any other place 
where service can be made. The amount, when collected, 
must be paid into the state treasury to the credit of the 
common school fund of the state. (92 v. 283 § 4.) 

The object of Section 7709, General Code, is to fix certain 
conditions, compliance with which shall entitle publishers of text 



SCHOOLS AND ATTENDANCE. ^53 

books to contract with boards of education for the sale of their 
books. 

After fixing the price which the books of a certain publisher 
may be sold at, 75% of the wholesale price, the state school com- 
missioner cannot within five years reduce such price unless the 
publisher refiles such book for listing with the commission. 

Where a text book company has made a contract for 75% of 
the wholesale price as fixed by the commission, but which contract 
extends beyond the five years' time for which such price was listed, 
and such company refuses to refile such book with the commission 
after such period has expired, the contract may be treated as termi- 
nated for the reason that said company's rights to so contract is 
limited to the five year period for which the price was fixed. — 
Attorney General, 1911-12, p. 540. 

Section 7713. At a regular meeting, held between ^ext books; 
the first Monday in February and the first Monday in Jjjg^.**|^;' 
August, each board of education shall determine by a ma- year term, 
jority vote of all members elected the studies to be^ pursued 
and which of such text-books so filed shall be used in the 
schools under its control. But no text-books now in use or 
hereafter adopted shall be changed, nor any part thereof 
altered or revised, nor any other text-book be substituted 
therefor for five years after the date of the selection and 
adoption thereof, as shown by the official records of such 
boards, except by the consent at a regular meeting, of five- 
sixths of all members elected thereto. Books so substituted 
shall be adopted for the full term of five years. (99 v. 460 

§5-) 

The object of Section 7709, General Code, is to fix certain 
conditions, compliance with which shall entitle publishers of text 
books to contract with boards of education for the sale of their 
books. 

After fixing the price which the books of a certain publisher 
may be sold at, 75% of the wholesale price, the state school com- 
missioner cannot within five years reduce such price unless the 
publisher refiles such book for listing with the commission. 

Where a text book company has made a contract for 75% of 
the wholesale price as fixed by the commission, but which contract 
extends beyond the five years' time for which such price was listed, 
and such company refuses to refile such book with the commission 
after such period has expired, the contract may be treated as termi- 
nated for the reason that said company's rights to so contract is 
limited to the five year period for which the price was fixed. — 
Attorney General, 1911-12, p. 540. 

The stipulation of Section 7713, General Code, to the effect 
that the adoption of text books shall be made at a regular meeting 
between "the first Monday in February and the first Monday in 
August" is directory and not mandatory in accordance with the 
general principle of construction and in view of the further fact 
that the duty is a positive one enjomed by law. 

Text books shall not be changed within five years except by a 
vote of five-sixths of the members of the board. After the lapse 
of five years, however, a majority vote shall be sufficient to make 
such change. — Attorney General, 1911-12, p. 538. 

Section 7714, General Code, merely gives the board of educa- 
tion the power to pay for transportation on text books and is not a 
mandatory direction to the effect that it must always do so. — 
Attorney General, 1911-12, p. 528. 

A proposed change in textbooks without authority of the law may be 
prevented by injunction: Lenhart v. Newton Township, 5 O. N. P. (N. 
S.) 129. 



254 



SCHOOLS AND ATTENDANCE. 



Text-books, 
of whom 
ordered. 



Section 7714. Each board of education shall cause 
it to be ascertained, and at a regular meeting determine 
which, and the number of each of such books the schools 
under its charge require, and cause an order to be drawn 
for the amount in favor of the clerk of the board of educa- 
tion, payable out of the contingent fund. Such clerk at once 
shall order the books so agreed upon by the board, of the 
publisher, who on the receipt of such order must ship them 
to the clerk without delay. He forthwith shall examine the 
books, and, if found right and in accordance with the order, 
remit the amount to the publisher. The board of education 
must pay all charges for the transportation of the books, 
out of the school contingent fund. But if such boards of 
education at any time can secure of the publishers books at 
less than such maximum price, they shall do so, and with- 
out unnecessary delay may make effort to secure such lower 
price before adopting any particular text-book. (99 v. 460 

§ S-) 

A board of education can require by contract that the pub- 
lishers pay the freight. — Attorney Genei'al, Opinion. 



Board of 
education, 
power and 
duties of. 



Section 7715. Each board of education shall make 
all necessary provisions and arrangements to place the 
books so purchased within easy reach of and accessible to 
all the pupils in their district. For that purpose it may 
make such contracts, and take such security as it deems 
necessary, for the custody, care and sale of such books and 
accounting for the proceeds ; but not to exceed ten per cent 
of the cost price shall be paid therefor. Such books must 
be sold to the pupils of school age in the district, at the 
price paid the publisher, and not to exceed ten per cent 
therefor added. The proceeds of sales shall be paid into 
the contingent fund of such district. Boards also may con- 
tract with local retail dealers to furnish such books at prices 
above specified, the board being still responsible to the pub- 
lishers for all books purchased by it. (99 v. 460 § 5.) 



Old books, 
purchase of. 



Section 7716. When pupils remove from any dis- 
trict, and have text-books of the kind adopted in such dis- 
trict and not the kind adopted in the district to which they 
remove, and wish to dispose of them, the board of the dis- 
trict from which they remove, if requested, shall purchase 
them at the fair value thereof, and resell them as other 
books. Nothing herein shall prevent the board of educa- 
tion from furnishing free books to pupils as provided, by 
law. (99 V. 460 § 5.) 



Who shall not SECTION 7718. A superintendent, supervisor, princi- 

be sales agent, pal or teacher employed by any board of education in the 
state shall not act as sales agent, either directly or indirectly, 
for any person, firm or corporation whose school text books 
are filed with the superintendent of public instruction as 
provided by law, or for school apparatus or equipment of 



SCHOOLS AND ATTENDANCE. 



255 



Care and 
preservation 
of books. 



Physical 
culture in 
schools. 



any kind for use in the public schools of the state. A viola- 
tion of this provision shall work a forfeiture of their cer- 
tificates to teach in the public schools of Ohio. (106 v. 447.) 

Section 7720. During the vacations of schools, or 
when they are not in session such books shall be taken care 
of in the same manner that maps, globes, dictionaries and 
other school apparatus are cared for and preserved. (89 
V. 241 § 2.) 

Section 7721. Physical training shall be included in 
the branches regularly to be taught in public schools in city 
school districts, and in all educational institutions supported 
wholly or in part by money received from the state. Boards 
of education of city school districts, and boards of such 
educational institutions must make provisions in the schools 
and institutions under their jurisdiction for teaching phys- 
ical training, and adopt such methods as will adapt it to the 
capacity of pupils in the various grades therein. Other 
boards may make such provisions. The curriculum in all 
normal schools of the state shall contain a regular course 
on physical education. (97 v. 364 §1.) 

Section 'JJ22. Any board of education may estab- 
lish and maintain manual training, domestic science, and 
commercial departments ; agriculture, industrial, vocational 
and trades schools, also kindergartens, in connection with 
the public school system ; and pay the expenses of establish- 
ing and maintaining such schools from the public school 
funds, as other school expenses are paid, (too v. 17 § i.) 

Section 7723. The nature of alcoholic drinks and instruction 
other narcotics, and their effects on the human system, in ^| *°icohoHc 
connection with the various divisions of physiology and drinks on the 
hygiene, shall be included in the branches to be regularly system, 
taught in the common schools of the state, and in all educa- 
tional institutions supported wholly, or in part, by money 
from the state. (94 v. 396 §1.) 



Powers of 
board of edu- 
cation, as to 
manual train- 
ing, etc. 



Section 7724. Boards of education, and boards of 
such educational institutions shall make suitable provisions 
for this instruction in the schools and institutions under 
their respective jurisdictions, giving definite time and place 
therefor in the regular course of study ; adopt such methods 
as will ■ adapt it to the capacity of pupils in the various 
grades; and to corresponding classes as found in ungraded 
schools. The same tests for promotion shall be required in 
this as in other branches. (94 v. 396 §1.) 

Section 7724-1. It shall be the duty of each teacher 
in the public schools of the state to devote not less than 
thirty minutes in each month, during the time such school is 
in session, for the purpose of instructing the pupils thereof 
as to ways and means of preventing accidents. ( 103 v. 134.) 



Provision 
therefor. 



Instruction in 

preventing 

accidents. 



256 



SCHOOLS AND ATTENDANCE. 



Manual of in- 
struction to 
be provided. 



Instruction 
of teachers. 



Examination 
of teachers 
required. 



Duties of 
superin- 
tendent. 



Forfeiture 
for failure 
to give in- 
struction. 



When German 
language may 
be taught. 



Power of 
board to 
suspend a 
school. 
Conveyance 
of pupils. 



Section 7724-2. The superintendent of public in- 
struction shall prepare, publish and distribute, at the ex- 
pense of the state, a manual conveniently arranged in chap- 
ters or lessons for the guidance of teachers in carrying out 
the prfovisions of this act. (103 v. 134.) 

Section 7725. In all teachers' institutes, normal 
schools and teachers' training classes, hereafter established 
by the state, adequate time and attention shall be given to 
instruction in the best methods of teaching such branch. 
(94 V. 396 § 2.) 

Section 7726. No certificates shall be granted to any 
person to teach in the common schools, or in any educa- 
tional institution supported by the state who does not pass 
a satisfactory examination on such subject, and the best 
methods of teaching it. (94 v. 396 § 2.) 

Section y'j2']. The superintendent of public instruc- 
tion shall see that the provisions in the next two preceding 
sections relating to county teachers' institutes, and schools 
and classes by whatever name hereafter established for 
training teachers, and the examination of teachers, are car- 
ried out. Each year, he must make full report of the en- 
forcement of such sections in connection with his annual 
report. (104 v. 225.) 

Section 7728. Any school official, or employe in any 
way concerned, in the enforcement of the next five preced- 
ing sections who wilfully refuses or neglects to provide for, 
or to give the instruction as to the nature and effect of alco- 
holic drinks and other narcotics, hereinbefore required, 
shall forfeit and pay for each offense the sum of twenty- 
five dollars. Mayors, justices of the peace and probate 
judges shall have concurrent jurisdiction with the common 
pleas court to try all such ofifenses. All forfeitures col- 
lected hereunder must be paid into the general county school 
fund of the county in which it was collected. (94 v. 397 

§3-) 

Section 7729. Boards of education may provide for 
the teaching of the German language in the elementary and 
high schools of the district over which they have control, 
but it shall only be taught in addition, and as auxiliary to, 
the English language. All the common branches in the pub- 
lic schools must be taught in the English language. (97 
v. 364.) 

Section 7730. The board of education of any rural 
or village school district may suspend any or all schools in 
such village or rural school district. Upon such suspension 
the board in such village school district may provide, and 
in such rural school district shall provide, for the convey- 
ance of pupils attending such schools, to a public school in 



SCHOOLS AND ATTENDANCE. 257 

the rural or village district, or to a public school in another 
district. When the average daily attendance of any school 
for the preceding year has been below ten, such school shall 
be susepnded and the pupils transferred to another school 
or schools when directed to do so by the county board of 
education. No school of any rural district shall be sus- 
pended until ten days' notice has been given by the board of 
education of such district. Such notice shall be posted in 
five conspicuous places within such village or rural school 
district; provided, however, that any suspended school as 
herein provided, may be re-established by the suspending 
authority upon its own initiative, or upon a petition asking 
for re-establishment, signed by a majority of the voters of 
the suspended district, at any time the school enrollment 
of the said suspended district shows twelve or more pupils 
of lawful school age. (io6 v. 396.) 

When a school has been suspended because the average daily 
attendance during the preceding year was less than twelve in 
accordance with Section 7730, General Code as amended, 104 O. L. 
139, and the territory comprising said district has been annexed to 
a contiguous district, then the board of education would be corn- 
pelled to furnish conveyance or transportation to such pupils in 
accordance with the provisions of Section 7731, and such board 
will be required to transport or furnish conveyance only to those 
pupils residing in such suspended district who live more than two 
miles from the school to which they are assigned. — Attorney Gen- 
eral, Opinion No. 1355, 1914. 

A board of education for a special school district through its 
truant officer can compel pupils of a special school district who 
reside more than one and one-half miles from the school in such 
special district to attend school of such district without providing 
conveyance therefor, provided that such pupils are within the age 
limitation fixed by Section 7763 of the General Code, and provided 
they are not excused from attending school in the manner provided 
by said section. — Attorney General, Opinion No. 744, 1914. 

A village board of education is not authorized to make 
expenditures for the conveyance of its high school pupils to a neigh- 
boring district upon abandonment of its high school. 

Such board may not include in a tuition contract with neigh- 
boring boards of education, a provision for conveyance of high 
school pupils to and from such district. — Attorney General, 1911- 
12, p. 1246. 

When the schools of a township school district are centralized, 
the board of education must provide a conveyance for all pupils 
residing at a greater distance than a mile and a half from the 
school. 

Transportation of pupils residing within the distance of a 
mile and a half is entirely optional with the school board. — Attor- 
ney General, 1911-12, p. 1415. 

In a township in which there is no township board of educa- 
tion and wherein a number of special school districts exist, there 
are no special statutory provisions for the centralization of schools. 
However, by means of the election provided for by Section 4743, 
General Code, a school district may be abandoned and the original 
township district from which the abandoned school district was 
taken, may be thereby recreated, and from this revived township 
district, the centralization may be completed as provided by statute. 

When a special school district is abandoned, by vote of the 
electors or otherwise, such special school district continues to exist 
for the purpose of paying any and all indebtedness of such special 
school district, and any taxes levied to pay such indebtedness should 
be collected upon the property on the duplicate in such school dis- 

17 s. I.. 



258 SCHOOLS AND ATTENDANCE. 

« 

trict, even though such district is situated in two or more town- 
ships. — Attorney General, 1912, p. 1122. 

Under Section 7730, of the General Code, when schools in 
sub-districts have been suspended, a township board of education 
may pay each patron for conveying his own pupil instead of employ- 
ing one man to convey all pupils, where funds are insufficient to 
apply the latter method. — Attorney General, 1912, p. 1415. 

Under_4716, General Code, a board of education of a township 
may consolidate two school subdistricts into one and there are no 
statutory provisions enabling the people of such subdistricts to 
object to or prevent such action. 

When such consolidation is carried out, the board is not 
required by the statutes to provide transportation for pupils attend- 
ing the consolidated school. — Attorney General, 1912, p. 497. 

By virtue of Sections 4723 and 4724, General Code, joint sub- 
districts are abolished and the territory of such districts situated in 
the township in which the school house of the joint sub-district is 
not located, is attached for school purposes to the township school 
district in which said school house is located and shall constitute a 
part of said township school district. 

Pupils of such attached territory, therefore, are entitled to 
conveyance to the centralized school, when the board abolishes sub- 
districts; the expense thereof to be paid out of the funds of the 
township district. 

Under the terms of Section 7730. General Code, providing 
such pupils live more than one and one-half miles from such school 
in accordance with Section 7731, General Code, the fact that said 
officials have failed to make a map of attached territory which is 
to be made a part of the records of the board of education and a 
copy of which is to be filed with the auditor of the county in which 
the territory is situated, as provided by Section 4724, General Code, 
does not operateto prevent the territory included in the joint sub- 
district and outside of the township becoming a part of the town- 
ship school district as provided by Section 4723, General Code — 
Attorney General, 1913, p. 1089. 

It is necessary for a township board of education to submit 
the question of centralization of schools to a vote, under the pro- 
visions of Section 4726. General Code. 

All the electors of the township are entitled to vote upon the 
proposition of the centralization of schools. 

The abolishment of all the schools in all the sub-districts by 
vtruie of Sections 7730 and 7731, General Code, the establishment 
of new schools and the conveyance of pupils to these schools, 
operate as a centralization of the schools of the township, provided 
that no election has been held upon the question of centralization 
which resulted adversely and provided that no petition may be filed 
for an election according to law. — Attorney General, 1913, p. 1377. 

Where part of a subdistrict of a township school district has 
been incorporated into a special school district leaving the balance 
of said township district unprovided for as to a school house, the 
board of education of the township school district must either pro- 
vide a school house in the remaining part of said subdistrict, or 
transport the. pupils to a school — Attorney General, Opinion No. 
083, 1914. 

A board of education may borrow money under Section 5656, 
General Code, to pay obligations incurred in furnishing the trans- 
portation to pupils which the law requires to be furnished, such 
expense being a charge against the district, regardless of the exist- 
ence of sufficient funds in the district treasury, and the contract for 
transportation being at least in the nature of an employment 
contract. 

It is not a condition precedent to the exercise of power under 
said section that previously incurred floating or funded indebted- 
■ ness has been created under the same section, that is, it is not 
necessary that the one debt shall be extinguished before the time 
of payment of the other is extended. — Attorney General, Opinion 
No. 983, 1914. 



SCHOOLS AND ATTENDANCE. 259 

School attendance should not be determined under Section. 
7730, 'General Code, at a time when there is an epidemic prevailing 
in the school, or rather in the district wherein such school is 
located. Such average daily attendance should be determined dur- 
ing the year when the school attendance is normal or not affected 
by an epidemic. 

When the average daily attendance of a school during the 
preceding year has been below twelve, because of an epidemic and 
such average daily attendance for the succeeding year would be 
more than an average of twelve, the board could legally employ a 
teacher and continue such school, and the payment of such teacher 
would be legally authorized under the law. — Attorney General, 
Opinion No. 1370, 1914. 

Under Section 7730, General Code, prior to its amendment, 
104 O. L., 139, it was optional with board of education of a town- 
ship school district to suspend the schools when the average daily 
attendance thereof was less than twelve. If a township board of 
education entered into a contract with a teacher for teaching a sub- 
district under its jurisdiction, and such subdistrict was abolished • 
in accordance with Section 7730, General Code, such act operated 
as a termination of the contract, provided such act occurred before 
the termination of the contract because of the lapse of time such 
contract was to run. Likewise such contract would be terminated 
if the school should be suspended in accordance with the mandatory 
provisions of Section 7730, General Code, as amended, 104 O. L., 
139. An expenditure of money upon such contract, after being so 
terminated under the provisions contained in said section as the 
same existed both prior to its amendment and since its amendment 
above referred to would be illegal. 

By virtue of Section 7684, General Code, a board of education 
may assign pupils to attend a school which had been previously 
suspended under Section 7730, supra, because of the attendance 
being less than twelve; for the preceding year and such school may 
again be continued as such school, provided that this course in the 
opinion of the board, will best promote the interests of education 
in the district. — Attorney General, Opinion No. 1321, 1914. 

Under the provisions of Section 7730, General Code, the board 
of education is required to give sixty days' notice provided for 
therein ; in order to suspend a school the procedure set forth in said 
section should be carried out. — Attorney General, Opinion No. 
1096, 1914. 



When board 



Section 7731. In all rural and village school districts 
where pupils live more than two miles from the nearest shaii"provi"de 
school the board of education shall provide transportation transportation. 
for such pupils to and from such school. The transporta- 
tion for pupils living less than two miles from the school- 
house, by the most direct public highway shall be optional 
with the board of education. When transportation of pu- 
pils is provided, the conveyance must pass within one-half 
mile of the respective residences of all pupils, except when 
such residences are situated more than one-half mile from 
the public road. When local boards of education neglect 
or refuse to provide transportation for pupils, the county 
board of education shall provide such transportation and 
the cost thereof shall be charged against the local school 
district. (104 v. 133.) 

A board of education for a special school district through its 
truant officer can compel pupils of a special school district who 
reside more than one and one-half miles from the school in such 
special district to attend school of such district without providing 
conveyance therefor, provided that such pupils are within the age 



26o SCHOOLS AND ATTENDANCE. 

limitation fixed by Section 7763 of the General Code, and provided 
they are not excused from attending school in the manner provided 
by said stzi\on. — Attorney General, Opinion No. 744, 1914. 

A village board of education is not authorized to make ex- 
penditures for the conveyance of its high school pupils to a neigh- 
boring district upon abandonment of its high school. 

Such board may not include in a tuition contract with neigh- 
boring boards of education, a provision for conveyance of high 
school pupils to and from such district. — Attorney General, 1911- 
12, p. 1246. 

When the schools of a township school district are centralized, 
the^ board of education must provide a conveyance for all pupils 
residing at a greater distance than a mile and a half from the 
school. 

Transportation of pupils residing within the distance of a mile 
and a half is entirely optional with the school board. — Attorney 
General, 1911-12, p. 1415. 

It is necessary for a township board of education to submit 
the question of centralization of schools to a vote, under the pro- 
visions of Section 4726, General Code. 

All the electors of the township are entitled to vote upon the 
proposition of the centralization of schools. 

The abolishment of all the schools in all the subdistricts by 
virtue of Sections 7730 and 7731, General Code, the establishment 
of new schools and the conveyance of pupils to those schools, oper- 
ate as a centralization of the schools of the township, provided that 
no election has been held upon the question of centralization which 
resulted adversely and provided that no petition may be filed for 
an election according to law. — Attorney General, 1913, p. 1377. 

Section 7731, General Code, providing that, when transporta- 
tion of pupils is provided for upon the centralization of schools, 
the conveyance must pass within at least one-half mile from the 
residence of each pupil, except where the residence is more than 
one-half rnile distant from a public road, is satisfied when a vehicle 
stops within a half mile of such residence even though good road 
exists to a nearer distance. — ^/^orn^^; General, 1911-12, p. 1365. 

Under the provisions of Sections 7735 and 7736, General Code, 
a pupil residing in a district and attending schools of another dis- 
trict, under Section 7735, General Code, cannot continue to attend 
the schools of said latter school district and demand transportation 
after the schools of the district which such pupils have been attend- 
ing have been centralized, and transportation provided for. — Attor- 
ney General, 1913, p. 1415. 

A board of education may borrow money under Section 5656, 
General Cole, to pay obligations incurred in furnishing the trans- 
portation to pupils which the law requires to be furnished, such 
expense being a charge against the district, regardless of the exist- 
ence of sufficient funds in the district treasury, and the contract for 
transportation being at least in the nature of an emplovment con- 
tract. —^^^orw^y General, Opinion No. 1226, Nov. 5, 19^4. 

When a school has been suspended because the average daily 
attendance during the preceding year was less than twelve in 
accordance with Section 7730, General Code, as amended, 104 O. L., 
139, and the territory comprising said district has been annexed to 
a contiguous district, then the board of education would be com- 
pelled to furnish conveyance or transportation to such pupils in 
accordance with the provisions of Section 7731, and such board will 
be required to transport or furnish conveyance only to those pupils 
residing in such suspended district who live more than two miles 
from the school to which they are assigned. — Attorney General, 
Opinion No. 1355, 1914. ' 

Deposits for SECTION 773I-I. The boards of education of city, vill- 

chfidren? age or rural school districts may by resolution designate cer- 



SCHOOLS AND ATTENDANCE. 



261 



tain places as depots from which to gather children for 
transportation to school, when such districts provide trans- 
portation. The places designated as depots . shall be pro- 
vided with a shelter and be made comfortable during cold 
and stormy weather. Such depots shall in no case be more 
than one and one-half miles from any home having chil- 
dren within such district. (106 v. 496.) 



Section 7733. At its option, the board of education Conveyance 
in any village school district may provide for the conveyance vfiiagrdis'" 
of the pupils of the district or any adjoining district, to the tncts. 
school or schools of the district, the expense of conveyance 
to be paid from the school funds of the district in which 
such pupils reside. But such boards as so provide trans- 
portation, shall not be required to transport pupils living 
less than one mile from the schoolhouse or houses. (lOi 
V. 307.) 

Under 4716, General Code, a board of education of a township 
may consolidate two school subdistricts into one and there are no 
statutory provisions enabling the people of such subdistricts to 
object to or prevent such action. 

When such consolidation is carried out, the board is not re- 
quired by the statutes to provide transportation for pupils attending 
the consolidated schood. — Attorney General, 1912, p. 497. 

A board of education for a special school district through its 
truant officer can compel pupils of a special school district who 
reside more than one and one-half miles from the school in such 
special district to attend school of such district without providing 
conveyance therefor, provided that such pupils are within the age 
limitation fixed by Section 7763 of the General Code, and provided 
they are not excused from attending school in the manner provided 
by said section. — Attorney General, Opinion No. 744, 1914. 

Section 7734. The board of any district may contract Pupiis may 
with the board of another district for the admission of pu- one^^distHct'" 
pils into any school in such other district, on terms agreed *« another, 
upon by such boards. The expense so incurred shall be 
paid out of the school funds of the district sending such 
pupils. (73 V. 243.) 

Who may be admitted to the public schools; See Sec. 7681. 

The contract must be express, merely permitting the attendance of a 
non-resident pupil creates no liability: 50 O. S. 439. 

Where a pupil lives less than one and one-half miles from 
the school house of the district wherein such pupil lives, there is 
no liability on the part of the board of education of such district to 
pay the tuition of pupils attending school in another adjoining dis- 
trict, in the absence of any agreement to pay such tuition in accord- 
ance with Section 7734, General Code. In the absence of any 
contract for the payment of tuition, the father of such child may be 
held for a reasonable amount in payment of such tuition. 

The distance between the home of the pupil and the school 
house of the district wherein- such pupil resides, should be deter- 
mined by the nearest route from such home to such school house 
as determined by Section 7735, General Code. — Attorney General, 
Opinion No. 1390, 1914. 

Section 7735. When pupils live more than one and Attendance 
one-half miles from the school to which they are assigned tchoo?'^^^^ 



262 SCHOOLS AND ATTENDANCE. 

in the district where they reside, they may attend a nearer 
school in the same district, or if there be none nearer 
therein, then the nearest school in another school district, in 
all grades below the high school. In such cases the board 
of education of the district in which they reside must pay 
the tuition of such pupils without an agreement to that ef- 
fect. But a board of education shall not collect tuition for 
such attendance until after notice thereof has been given 
to the board of education of the district where the pupils 
reside. Nothing herein shall require the consent of the 
board of education of the district where the pupils reside, 
to such attendance. (97 v. 364.) 

Under Section 7730, of the General Code, when schools in sub- 
district have been suspended, a township board of education may 
pay each patron for conveying his own pupil instead of employing 
one man to convey all pupils, where funds are insufficient to apply 
the latter method. — Attorney General, 1912, p. 1415. 

Where a pupil lives less than one and one-half miles from 
the school house of the district wherein such pupil lives, there is 
no liability on the part of the board of education of such district to 
pay the tuition of pupils attending school in another adjoining dis- 
trict, in the absence of any agreement to pay such tuition in accord- 
ance with Section 7734, General Code. In the absence of any 
contract for the payment of tuition, the father of such child may be 
held for a reasonable amount in payment of such tuition. 

The distance between the home of the pupil and the school 
house of the district wherein such pupil resides, should be deter- 
mined by the nearest route from such home to such school house 
as determined by Section 7735, General Code. — Attornev General, 
Opinion No. 1390, 1914. 

When the board of education of Madison township has made 
no agreement with another board of education for attendance of 
Madison township pupils at a high school in the same or in an 
adjoining township, the board of said Madison township can be 
compelled to pay a "reasonable sum" for the tuition of its pupils 
to the board whose high school said pupils elect to attend, provided 
notice is served by said pupils on the Madison board at least five 
days previous to the date of attendance. — Attornev General, 1911- 
12, p. 1129. 

Inmates of a children's home are classed equally with other 
youth under the meaning of Section 7681, General Code, and such 
inmates may attend a village school not within their own district, 
if there is no school within their own district within one and one- 
half miles of the home or at closer proximity than the village 
school. Th_e board of education of said village cannot charge 
tuition for s"aid inmates until they have notified the board of educa- 
tion of the district in which the pupils reside. 

The duty of providing for the education of such inmates 
devolves upon the board of education of the township in which they 
reside and not upon the trustees of the home. — Attorney General, 
1911-12, p. 1480. 

As no contract is necessary to charge one board of education 
with the tuition of its resident pupils for attendance at school in 
another district, the notice provided for in Section 7735, General 
Code, is intended, not to establish a right, but to fix the time from 
which said liability for tunition shall accrue. — Attorney General, 
1912, p. 1273. 

A board of education is not to be denied state aid by reason 
of the fact that it pays authorized expenses other than teachers' 
salaries out of the tuition fund, such as superintendent's salary and 
institute fees. 



SCHOOLS AND ATTENDANCE. 263 

The amount of state aid allowed, however, shall not exceed 
such sum as is necessary to make teachers' salaries equal to $40.00 
per month. — Attorney General, 1912, p. 98. 

A board of education of a special school district, through its 
truant officer, can compej pupils of a special school district who 
reside more than one and one-half miles from the school in such 
special district to attend school of such district, without providing 
conveyance therefor, provided that such pupils are within the age 
limitation fixed by Section 7763 of the General Code, and provided 
they are not excused from attending school in the manner provided 
by said section. — Attorney General, Opinion No. 744, Feb. 9, 1914. 

A board of education is not to be denied state aid by reason 
of the fact that it pays authorized expenses other than teachers' 
salaries out of the tuition fund, such as superintendent's salary and 
institute fees. 

The amount of state aid allowed, however, shall not exceed 
such sum as is necessary to make teachers' salaries equal to $40.00 
per month. — Attorney General, 1912, p. 98. 

When a pupil lives more than one and one-half miles from 
the school to which he is assigned and has been attending a nearer 
school in another township, when such other township centralizes 
its schools, and thus makes the centralized school further than the 
school to which he has been assigned, the board of education of his 
township cannot be compelled to pay tuition to the centralized 
school under the provisions of Section 7735, General Code. — Attor- 
ney General, Opinion No. 1006, June 26, 1914. 
10 O. C. 617. 

This section was said to be unconstitutional in Board of Education v. 
Board of Education, 17 O. C. D. 824, 3 O. L. R. 116 (reversed, without report, 
Board of Education v. Board of Education, 74 O. S. 477). 

In the absence of specific statutory provision, a board of education is 
not liable for the tuition of pupils living Mnthin its district who attend a 
school in another district, unless there is an express contract therefor: Board 
of Education v. Board of Education, 50 O. S. 439. 

Under this section no contract is necessary. If the board of the school 
district to which such pupils go. permits them to attend, and the facts come 
within this section, the permission of the board of the district in which the 
pupils reside is not necessary: Board of Education v. Board of Education, 

The distance of its residence from the school of its district which, 
under this section, entitles a child of school age to attend the school of 
another district, is one and a half miles by the most direct public highway 
from the school to the nearest part of the curtilage of its residence: Board 
of Education v. Board of Education, 58 O. S. 390. 

This section does not require the board of education of a school district 
to admit children to a school outside of the district in which they reside 
unless the school in their own district is more than a mile and half from 
their residence and more remote from their residence than the school to 
which admission is sought: Boyce v. Board of Education, 76 O. S. 365. 

In determining the distance pupils of a public school must travel in 
going from their home to the schoolhouse, the measurements should begin at 
the exit from the curtilage and run thence along the most direct established 
route by lane or path to the nearest highway, and then follow the center line 
of the highway to the door of the schoolhouse:- Board of Education v. Board 
of Education, 11 O. N. P. (N. S.) 286. 

Measurement of distance pupils must travel to school: Concord Spec. 
Sch. Dist. (Bd. of Sd.) v. Blue Ash Spec. Sch. Dist. (Bd. of Ed.), 34 O. C. 
C. 213 (15 N. S. 521). 

Section 7736. Such tuition shall be paid from either 
the tuition or the contingent funds and the amount per cai»fa!^^ ^^^ 
capita must be ascertained by dividing the total exepnse of 
-conducting the elementary schools of the district attended, 
exclusive of permanent improvements and repairs, by the 
total enrollment in the elementary schools of the district, 
such amount to be computed by the month. An attendance 
any part of a month will create a liability for the whole 
month. (97 V. 364. 



264 



SCHOOLS AND ATTENDANCE. 



Under the provisions of sections 7735 and 773C, General 
Code, a pupil residing in a district and attending schools of 
another district, tinder section 7735, General Code, cannot con- 
tinue to attend the schools of said latter school district and de- 
mand transportation after the schools of the district which such 
pupils have been attending have been centralized, and transporta- 
tion provided for. — Attorney General, 1913, p. 1415. 



Not to apply 
when schools 
are central- 
ized. 



Section y/^y. When the schools of a district are cen- 
tralized or transportation of pupils provided, the provisions 
of the next two preceding sections shall not apply. (97 v. 
364.) 

No contracts between the boards is necessary. If the receiving board 
give the permission, the sending board must pay, no permission of the sending 
board is necessary: 10 C. C. 617. 

The distance is to be measured by the most direct public highway, from 
the school house to the nearest portion of the curtilage of the child's resi- 
dence: 58 O. S. 390. 

Under the provisions of sections 7735 and 7736, General 
Code, a. pupil residing in a district and attending schools of an- 
other district, under section 7735, General Code, cannot continue 
to attend the schools of said latter school district and demand 
transportation after the schools of the district which such pupils 
have been attending have been centralized, and transporation pro- 
vided for. — Attorney General, 1913, p. 1415. 

Measurement of the distance pupils must travel to school along most 
direct established route: Blue Ash Spec. Dist. (Bd. of Ed.) v. Concord Spe- 
cial Sch. Dist. (Bd. of Ed.), 23 Dec. 698 (11 N. S. 286). 



Sufficient 

school accom- 
modations to 
be provided. 



Section 7738. Every board of education in this state 
must provide sufficient accommodations in the public 
schools for all children in their districts compelled to at- 
tend the public schools under the provisions of this chapter. 
Authority to levy the tax and raise the money necessary 
for such purpose, is hereby given the proper officers charged 
with such duty under the law. (95 v. 622.) 



Free school- 
books. 



Section 7739. Each board of education may furnish, 
free of charge, school-books, necessary to enable the parent 
or guardian, without expense therefor, to comply with the 
requirements of this chapter, to be paid for out of the 
contingent fund at its disposal. Such levy each year, in 
addition if necessary to that otherwise authorized, as may 
be necessary to furnish such school-books free of charge to 
all the pupils attending the public schools, is hereby author- 
ized. But pupils wholly or in part supplied with necessary 
school-books shall be supplied only as other or new books 
are needed. All school-books furnished as herein provided, 
shall be the property of the district, and loaned to the pupils 
on such terms and conditicpis as each such board prescribes. 
(91 V. 260.) 

Boards of education which furnish free text-books to pupils 
in the schools under their control may pay the exchange price 
when making an exchange of text-books ; but it is unlawful to do 
so when the board has not previously adopted the free text-book 
plan as provided for by law. — Attorney General, Opinion. 



SCHOOLS AND ATTENDANCE. 265 

This section is constitutional, and does not provide foi- an unauthorized 
diversion of the public school funds: Mooney v. Bell, 8 O. N. P. 658. 

Section 7747. The tuition of pupils who are eHgible Tuition of 
for admission to high school and who reside in rural dis- p^^PjJj^ ^So\ 
tricts, in which no high school is maintained, shall be paid shall be paid 
by the board of education of the school district in which boar'd.^^"^* 
they have legal school residence, such tuition to be computed 
by the month. An attendance any part of the month shall 
create a liability for* the entire month. No more shall be 
charged per capita than the amount ascertained by dividing 
the total exepnses of conducting the high school of the dis- 
trict attended, exclusive of permanent improvements and re- 
pair, by the average monthly enrollment in the high school 
of the district. The district superintendent shall certify to 
the county superintendent each year the names of all pupils 
in his supervision district who have completed the elemen- 
tary school work, and are eligible for admission to high 
school. The county superintendent shall thereupon issue to certificate to 
each pupil so certified a certificate of promotion which shall pupjjs eligible 
entitle the holder to admission to any high school. Such schoof 
certificates shall be furnished by the superintendent of pub- 
lic instrutcion. (104 v. 125.) 

The provisions of Section 7683 of the General Code, pro- 
viding for a deduction from the tuition of a non-resident high 
school pupil, of the amount of school tax paid by such pupil or 
his parent upon property owned and located within the school 
district attended, referred to cases where the pupil or parent were 
themselves chargeable with such tuition. 

Said section has no application to Section 7747 of the Gen- 
eral Code, under which the board of education of such pupil's 
residence is now made liable for such tuition. 

In this case, therefore, the amount of said school tax may not 
be deducted. — Attorney General, 1912, p. 1421. 

Inasmuch as parochial pupils are not pupils of township, 
special or village districts, they do not come within the terms of 
sections 7740 and 7744, General Code, providing for the examina- 
tion of pupils of such district and the presentation of the suc- 
cessful applicants with a diploma which shall entitle its holder to 
enter any high school in the state. 

Under section 7681, General Code, which provides that 
schools of each district shall be free to all youth of the district, 
pupils of parochial schools are entitled to admission into the high 
school of the city in which they live, upon compliance with such 
examination requirements as the school authorities may provide. — 
Attorney General, 1913, p. 458. 

1st. A township board of education is not liable for the 
tuition of a student who passes a Boxwell examination and re- 
ceives her grades but did not take part in the county commence- 
ment as required by law, and received no diploma. 

2d. A township board of education maintaining a third 
grade high school is not legally liable for the payment of the 
tuition of a Boxwell-Patterson graduate, holding a diploma as 
such for a period of two years at a first grade high school, and 
. who is not a graduate from a third grade high school maintained 
by the township school district wherein such pupil resides. — 
Attorney General, Opinion No. 844, 1914. 

Section 7748, General Code, providing for the transportation, 
by the board of education, of pupils who are required to go to 



266 



SCHOOLS AND ATTENDANCE. 



school more than four miles distanct from the pupil's residence, 
in lieu of the payment of tuition at a nearer school in another 
district, by said board, does not have any application to village 
and city boards of education, but only to boards of education of 
rural districts. — Attorney General, Opinion No. 1062, 1914. 

A township board of education not maintaining a high school 
is not required to pay the tuition of a Boxwell-Patterson graduate 
who received a diploma from said township board of education, 
who has moved with his parents into a village school district, 
provided his parents have an actual residence in such village. 
The mere fact that the father of the pupil holds a voting residence 
in the township, if he has an actual residence in the village would 
not require the township to pay the tuition. — Attorney General, 
Opinion No. 962, May 28, 1914. 



Tuition of 
graduates of 
third grade 
high school. 



Exception. 



Provision for 
transportation 
of pupils. 



Effect of re- 
moval from 
village or 
city district. 



Section 7748. A board of education providing a 
third grade high school as defined by law shall be required 
to pay the tuition of graduates from such school residing 
in the district at any first grade high school for tw^o years, 
or at a second grade high school for one year. Should 
pupils residing in the district prefer not to attend such third 
grade high school the board of education of such district 
shall be required to pay the tuition of such pupils at any 
first grade high school for four years, or at any second 
grade high school for three years and a first grade high 
school for one year. Such a board providing a second 
grade high school as defined by law shall pay the tuition of 
graduates residing in the district at any first grade high 
school for one year ; except that, a board maintaining a sec- 
ond or third grade high school is not required to pay such 
tuition when the maximum levy permitted by law for such 
district has been reached and all the funds so raised are 
necessary for the support of the schools of such district. 
No board of education is required to pay the tuition of any 
pupil for more than four school years; except that it must 
pay the tuition of all successful applicants, who have com- 
plied with the further provisions hereof, residing more than 
four miles by the most direct route of public travel, from 
the high school provided by the board, when such appHcants 
attend a nearer high school, or in lieu of paying such tuition 
the board of education maintaining a high school may pay 
for the transportation of the pupils living more than four 
miles from the said high school, maintained by the said 
board of education to said high school. Where more than 
one high school is maintained, by agreement of the board 
and parent or guardian, pupils may attend either and their 
transportation shall be so paid. A pupil living in a village 
or city district who has completed the elementary school 
course and whose legal residence has been transferred to a 
rural district in this state before he begins or completes a 
high school course, shall be entitled to all the rights and 
privileges of a resident pupil of such district. (104 v. 125.)* 



Under 4716, General Code, a board of education of a town- 
ship may consolidate two 'school subdistricts into one and there 
are no statutory provisions enabling the people of such sub- 
districts to object to or prevent such action. 



SCHOOLS AND ATTENDANCE. 267 

When such consolidation is carried out, the board is not 
required by the statutes to provide transportation for pupils at- 
tending the consolidated school. — Attorney General, 1912, p. 497. 

A Board of Education is not to be denied State Aid by reason 
of the fact that it pays authorized expenses other than teachers' 
salaries out of the tuition fund, such as Superintendent's salary 
and institute fees. 

The amount of State Aid allowed, however, shall not exceed 
such sum as is necessary to make teachers' salaries equal to $40.00 
per month. — Attorney General, 1912, p. 98. 

The provisions of Section 7683 of the General Code, pro- 
viding for a deduction from the tuition of a non-resident high 
school pupil, of the amount of school tax paid by such pupil or 
his parent upon property owned and located within the school 
district attended, referred to cases where the pupil or parent were 
themselves chargeable with such tuition. 

Said section has no application to Sections 7747 of the Gen- 
eral Code, under which the board of education of such pupil's 
residence is now made liable for such tuition. 

In this case, therefore, the amount of said school tax may 
not be deducted. — Attorney General, 1912, p. 1421. 

1st. A township board of education is not liaJDle for the 
tuition of a student who passes a Boxwell examination and re- 
ceives her grades but did not take part in the county commence- 
ment as required by law, and received no diploma. 

2d. A township board of education maintaining a third 
grade high school is not legally liable for the payment of the 
tuition of a Boxwell-Patterson graduate, holding a diploma as 
such for a period of two years at a first grade high school, and 
who is not a graduate from a third grade high school maintained 
by the township school district wherein such pupil resides. — 
Attorney General, Opinion No. 844, 1914. 

When a pupil resides five miles from any high school and 
has a high school in its district no closer than five miles, and no 
high school in any district nearer than five miles, free transporta- 
tion to such high school may be furnished by the board of educa- 
tion when the nearest high school is its own high school. The 
board of education cannot under any circumstances furnish trans- 
portation to such pupil to any high school except its own. — 
Attorney General, Opinion No. 824, 1914. 

A board of education of a special school district, through 
its truant officer, can compel pupils of a special school district who 
reside more than one and one-half miles from the school in such 
special district to attend school "^Df such district, without providing 
conveyance therefor, provided that such pupils are within the age 
limitation fixed by Section 7763 of the General Code, and pro- 
vided they are not excused from attending school in the manner 
provided by said section. — Attornev General, Opinion No. 744, 
1914. 

Section 7748, General Code, providing for the transportation, 
by the board of education, of pupils who are required to go to 
school more than four miles distant from the pupil's residence, in 
lieu of the payment of tuition at a nearer school in another dis- 
trict, by said Board, does not have any application to village and 
city Boards of Education, but only to Boards of Education of 
rural districts. — Attorney General, Opinion No. 1062, July 20, 
1914. 

Section 7749- When the elementary schools of any xransporta- 
rural school district in which a high school is maintained ^ion jo high 
are centralized and transportation of pupils is provided, all 
pupils resident of the rural school district who have com- 
pleted the elementary school work shall be entitled to trans- 
portation to the high school of such rural district, and the 
board of education thereof shall be exempt from the pay- 



school. 



268 SCHOOLS AND ATTENDANCE. 

ment of the tuition of such pupils in any other high school 
for such a portion of four years as the course of study in 
the high school maintained by the board of education 
includes. (104 v. 125.) 

Under section 4716, General Code, a board of education of a 
township may consolidate two school subdistricts into one and 
there are no statutory provisions enabling the people of such sub- 
districts to object to or prevent such action. 

_When such consolidation is carried out, the board is not 
required by the statutes to provide transportation for pupils at- 
tending the consolidated school. — Attorney General, 1912, p. 497. 

A village board of education is not authorized to make ex- 
penditures for the conveyance of its high school pupils to a 
neighobring district upon abandonment of its high school. 

Such board may not include in a tuition contract with 
neighboring boards of education, a provision for conveyance of 
high school pupils to and from such district. — Attorney General, 
1911-12, p. 1246. 

When a township board of education maintains a third grade 
high school, such board is in no sense liable for tuition of pupils 
at other high schools of higher grade, when such pupils are not 
graduates of the said third grade local high school — Attorney 
General, 1911-12, p. 1257. 

When the board of education of Madison township has made 
no agreement with another board of education for attendance of 
Madison township pupils at a high school in the same or an ad- 
joining township, the board of said Madison township can- be 
compelled to pay a "reasonable sum" for the tuition of its pupils 
to the board whose high school said pupils elect to attend, pro- 
vided notice is served by said pupils on the Madison board at 
least five days previous -to the date of attendance. — Attorney 
General, 1911-12, p. 1129. 

Agreement, SECTION 7750. A board of education not having a 

to tuidon ^^ ^^g^ school may enter into an agreement with one or more 
boards of education maintaining such school for the school- 
ing of all its high school pupils. When such agreement is 
made the board making it shall be exempt from the payment 
of tuition at other high schools of pupils living within three 
miles of the school designated in the agreement, if the 
school or schools selected by the board are located in the 
same civil township, as that of the board making it, or some 
adjoining township. In case no such agreement is entered 
into, the school to be attended can be selected by the pupil 
holding a diploma, if due notice in writing is given to the 
clerk of the board of education of the name of the school 
to be attended and the date the attendance is to begin, 
such notice to be filed not less than five days previous to the 
beginriing of attendance. (100 v. 74.) 

Under section 7750, General Code, a board of education, by 
entering into a contract for the education of such graduates, may 
be exempted from paying the tuition of pupils residing within 
three miles of the school designated in the agreement, when such 
school is located in the same or some adjoining township. Under 
the ^ame statute, if no such agreement is made, a pupil selecting 
his own school is entitled to have his tuition paid only upon his 
giving notice to the board of education of his residence as therein 
provided. The terms of such statute, however, do not require 
such notice of pupils residing outside of three miles of the school 



SCHOOLS AND ATTENDANCE. J69 

designated by a contract agreement made by the board of educa- 
tion. — Attorney General, 1913, p. 1205. 

When a township board of education maintains a third grade 
high school, such board is in no sense liable for tuition of pupils 
at other high schools of higher grade, when such pupils are not 
graduates of the said third grade local high school. — Attorney 
General, 1911-12, p. 1257. 

The constitutional guaranty of an efficient system of common schools 
throughout the state does not, in the absence of specific statutory provision 
therefor, require boards of education to pay the tuition of pupils who wish to 
attend a high school outside of such school district: Ashland Township v. 
Montgomery Township, 10 O. D. (N. P.) 459. 

An action brought under this section to recover tuition may be brought 
by the school district which such pupils have attended, and it may be against 
the school district from which such pupils have come: and it is not necessary 
that the pupils or their parents be made parties to such action : School Dis- 
trict v. Harrison Township, 14 O. D. (N. P.) 62. 

Section 7751. Such tuition shall be paid from either Tuition, 
the tuition or contingent funds and when the board of edu- ^^"^ p**^- 
cation deems it necessary it may levy a tax of not to exceed 
two mills on each dollar of taxable property in the district 
in excess of that allowed by law for school purposes. The 
proceeds of such levy shall be kept in a separate fund and 
applied only to the payment of such tuition. (100 v. 74.) 

The board of education has no authority in law to rent a 
school building, or part thereof, to a secret society for the pur- 
pose of holding lodge sessions and sudh social functions and 
entertainments of such society as are not open to all persons in 
the community on equal terms or which will not, in the judgment 
of the board of education, benefit the people of the community. — 
Attorney General, Opinion No. 197, April 3, 1915. 

Section 7592, G. C. is no longer in force and no levy outside 
the five mill limitation of the Smith Law can be made thereunder. 

Section 7751 G. C. cannot be so interpreted as to permit a 
levy thereunder outside of the five mill limitaition of the Smith 
Law. 

The opinion of the Attorney General to the Auditor of 
State under date of February 26, 1912, relative to the application 
of the law for state aid to weak school districts concurred in, but 
limited to its application to the said law as it then existed. 

Opinion of the Attorney General to the Auditor of State 
relative to the joint operation of the law for state aid to weak 
school districts and the Smith One Per Cent Law, found in Vol. I, 
Annual Report of the Attorney General, 1912, page 89, modified 
lb, p. 108, concurred in and followed, subject to the qualification 
that a Board of Education which has submitted a budget estimate 
requiring the levy of taxes to the full extent of any absolute 
limitation of the Smith law, such as five mill limitation of Sec- 
tion 5649-3a, G. C., should not be held to have disqualified the dis- 
trict to receive state aid, if such amount is insuflficient to operate 
the schools in accordance with the provisions of the State Aid 
law. — Attorney General, Opinion, No. 179, 1915. 

Section 7752. No board of education shall be en- -yvhat shall 
titled to collect tuition under this chapter unless it is main- ^?gh^sc"hSof 
taining a regularly organized high school with a course of 
study extending over not less than two years and consisting 
mainly of branches higher than those in which the pupil is 
examined. The standing or grade of all public high schools 
in the state shall be determined by the superintendent of 
public instruction and his finding in reference thereto shall 
be final. (104 v. 225.) 



270 



SCHOOLS AND ATTENDANCE. 



Appointment SECTION 7753- The Superintendent of public instruc- 

rrsp^i?torr^°°^ ^^^" ^^^^^ appoint two competent public high school inspec- 
tors, who are connected with no college or university, two 
public high school inspectors selected from the faculty staff 
of the college of education of Ohio State University, and 
one public high school inspector from each of the faculties 
of the Ohio normal colleges at Oxford and Athens and the 
Ohio normal schools at Kent and Bowling Green. The 
inspectors appointed by the superintendent of public in- 
struction from the faculty staffs of the college of education, 
normal colleges and normal schools shall be nominated by 
the presidents of their respective institutions. The super- 
intendent of public instruction may also appoint when neces- 
sary, competent instructors from any public or private 
school to inspect such high schools as the superintendent 
may direct. (104 v. 173.) 



Duties of high 
school in- 
soectors. 



Meeting for 
conference 
and direction: 

classification. 



Compensation 
and expenses. 



Section 7753-1. The two public high school inspec- 
tors connected with no college or university shall give their 
entire time to the examination and inspection of public high 
schools in the state. The inspectors chosen from the 
faculty staffs shall devote a part of their time, not more 
than half, to public high school inspection. The superin- 
tendent of public instruction shall require all part time 
inspectors to inspect schools the first half of the year begin- 
ning August I, or the last half of the year beginning Feb- 
ruary I, or such other times as may be agreed by the super- 
intendent of public instruction and the president of the in- 
stitution nominating such inspector. The public high school 
inspectors shall confer with various authorities and assist 
the superintendent of public instruction in the classification 
of schools and in such other ways as he may direct. (104 
V. I73-) 

Section 77^3-2. All public high school inspectors 
shall meet in Columbus at the call of the superintendent of 
public instruction for the purpose of conference and direc- 
tion. They shall recommend to the suoerintendent of pub- 
lic instruction standards and official ratings for all the pub- 
lic high schools of the state, and the decision of the superin- 
tendent of public instruction as to the classification of such 
schools shall be final, but no public hieh school shall be 
recommended for rating except on a majority vote of the 
inspectors at a meeting called bv the superintendent of pub- 
lic instruction who shall be ex-officio chairman of their 
meetings. (104 v. 173.) 

Section 7753-3. The his^h school inspectors giving 
full time shall be paid an annual salary, the amount of which 
shall be fixed bv the superintendent of public instruction 
with the approval of the sfovernor, and shall each receive 
his actual and necessary traveling expenses not to exceed 
eight hundred dollars per year. The half time inspectors 
shall receive a compensation, the amount of which shall be 



SCHOOLS AND ATTENDANCE. - 27 T 

fixed by the superintendent of public instruction, and shall 
also receive their necessary and actual traveling expenses 
not to exceed four hundred dollars each, for each half year. 
Both compensation and expenses shall be paid upon vouch- 
ers signed by the superintendent of public instruction. (104 
V. I73-) 

Section 7754. All public high school inspectors ap- Reports of 
pointed by the superintendent of pubhc instruction shall ^"spection. 
furnish reports of all inspection of public high schools made 
by them. The reports shall be in such form as the superin- 
tendent of public instruction may prescribe. Eight copies 
of the report of each inspection shall be made. Two copies 
shall be placed on file in the office of the superintendent of 
public instruction, one copy furnished to each of the institu- 
tions from which the half time inspectors are chosen, and 
one copy furnished to the school inspected. (104 v. 173.) 

Section 7755. Upon application by a board of educa- Establishment 
tion of any school district in Ohio to the superintendent of educatkm^ o^ 
public instrutcion he shall grant permission to such board f^^fj^/^J^'^ 
and it may thereupon establish and maintain within its lim- crippled, 
its one or more day schools at an average attendance of not 
less than three pupils for the instruction of deaf persons, 
residents of this state, over the age of three, for the in- 
structions of blind persons, residents of this state, over the 
age of four, and of crippled persons, residents of this state, 
over the age of five. (103 v. 270.) 

Section 7756. A board of education which maintains Report of 
one or more day schools for the instruction of the deaf, ^,^h°°^ A°^ , 

1111-1 1 11 1 • 1 deaf, blind, 

crippled or blind persons shall report to the superintendent and crippled, 
of public instruction annually, and as often as such super- {endent.^*"" 
intendent directs such facts concerning such school or 
schools as he requires. (104 v. 225.) 



Section 7757. At the close of each school year each 
board of education of the school district in which such 
schools for the education of the deaf, crippled or blind shall 
be estabhshed and maintained, shall certify to the auditor 
of state the number of pupils given instructions in said 
schools during the preceding school year and thereupon the 
auditor of state shall draw his warrant upon the treasurer 
of state in favor of such board of education, payable out of 
the general state fund in an amount equal to $150.00 for 
each deaf or crippled pupil given instruction in such schools 
within said district for nine months during said school year, 
and a proportionate amount for each deaf or crippled pupil 
given instructions therein for a part of said school year 
less than nine months, and the sum of $200 for each blind 
pupil given instruction in such schools within such district 
for nine months during said school year, and a proportionate 



How expense 
of schools 
defrayed. 



2.'J2 



SCHOOLS AND ATTENDANCE. 



Payment by 
state treas- 
urer. 



Araointment 

ana qualifica- 
tion of 
teachers. 



Who consid- 
ered deaf, 
blind or 
crippled. 



amount for each blind pupil given instruction therein for a 
part of said school year less than nine months. (103 v. 270.) 

A sdhool district receiving permission, prior to 1913, to 
maintain a school for the deaf, is entitled, without further per- 
mission, to maintain such school and to receive from the state 
treasury the sum of one hundred and fifty ($150.00) dollars for 
each deaf pupil taught in such school during the year ending 
August, 1914. — Attorney General, Opinion No. 8, 1915. 

Section 7758. The sums provided in the next preced 
ing section shall be paid by such state treasurer upon the 
presentation of such warrant or order upon satisfactory 
proof made to him by the president or clerk of the board of 
education maintaining such school, of the number of pupils 
instructed therein, their residence, and the period of time 
such pupils were so instructed in such school or schools the 
preceding school year. (103 v. 270.) 

Section 7759. Teachers in such schools shall be ap- 
pointed and employed as are other public school teachers. 
They shall possess the usual qualifications required of teach- 
ers in the public schools, and in addition thereto such special 
training and equipment as the board of education may re- 
quire. The so called oral system shall be taught by such 
teachers in schools for the deaf. If, after a fair trial of 
nine months, any of such children in any school for the 
deaf for any reason is unable to learn such method, then 
they may be taught the manual method in a separate school, 
providing however that there are not fewer pupils than 
provided in Sec. 7755 of the General Code. (103 v. 270.) 

Section 7760. For the purpose hereof, any person of 
sound mind who, by reason of defective hearing or defec- 
tive vision, or so crippled as to be physicially unable to care 
for himself without assistance, cannot profitably be edu- 
cated in the public schools as other children, shall be con- 
sidered as deaf, blind, or crippled and after the establish 
ment of any such school by any school district, may be 
compelled to attend such school or a state institution. (103 
V. 270.) 



laspectien of 
schools for 
deaf, etc. 



Section 7761. The superintendent of public instruc- 
tion shall select some competent person to inspect all such 
day schools established by virture of this act, and cause 
inspection to be made at least twice a year concerning the 
methods of instruction, the condition of the buildings in 
which the same are held, the conditions under which such 
schools are maintained, and such other matters as may be 
of interest in the education of such children in such schools ; 
and such persons so appointed shall make full report thereof 
in writing to the state superintendent of public instruction 
at the close of each school year. (104 v. 225.) 



CHAPTER 3a. 
TEACHII^ OF AGRICULTURE. 

Section 7761-1. Agriculture shall hereafter be taught Teaching of 
in all the common schools of all village and rural school agriculture in 

,. . . , - ^^, . 1 • 1 ° 1 . 11 public schools; 

districts of the state of Ohio, which are supported m whole supervisor, 
or in part by the state, and may be taught in city school 
districts at the option of the board of education. Such ag- 
ricultural instruction in each county district shall be under 
the general supervision of the county superintendent of 
schools. (106 V. III.) 



18 s. I.. 273 



CHAPTER 4. 
COMPULSORY EDUCATION. 



Section 

7762. Branches children must be taught. 

7763. School attendance. 

7764. Appeal in case of refusal to excuse. 

7765. Age and schooling certificates for boys 

and girls employed. 

7766. Approval of certificate. 

7767. Part time day schools. 

7768. Truants. 

7769 Truant officers, appointment, compen- 
sation. 

7770. Powersof truant officer. 

7771. Duties of truant officer; record. 

7772. Report of teachers to clerks. 

7773. Notice to parent of truancy of child; 

complaint. 

7774. Proceeding against disorderly juvenile 

person. 
7776. Costs. 



Section 

7777. Relief to enable child to attend school. 

7778. Deaf and dumb or blind institutions. 

7779. Report of truant officer to juvenile 

court. 

7780. Proceedings in juvenile co\irt. 

7781. Costs. 

7782. Notice to board of county visitors. 

7783. Employment of attorney; compensa- 

tion. 

12981. Violating compulsory education law. 

12982. Same. 

12983. Same. 

12984. Jurisdiction of mayors et al. 

12985. Fines. 

12986. Second violation of compulsory edu- 

sation or employment law. 

12987. Jury in such case. 

12988. Costs in certain prosecutions. 



Branches SECTION 7762. All parctits, guardians and other per- 

chiidren must goiis who bavc care of children, shall instruct them, or 

be taught. , , . , . ' ,. ,,. .'. 

cause them to be instructed in reading, spelling, writing, 
English grammar, geopraphy and arithmetic. (95 v. 615.) 

' It is the duty of all truant officers to use legal procedure 

if that is necessary to force and compel school attendance on 
the part of all boys and giris who come within the provisions 
of Sections 7770 and 7771, General Code, as amended in 103, O. 
L. 903, regardless of the grade of school that they should attend 
or would attend if they properly attended school. — Attorney 
General, Opinion No. 721, 1914. 

Under Section 7773 of the General Code, it is the duty of 
every parent, guardian or other person in charge of children 
between fourteen and sixteen years of age to cause such children 
to attend some recognized school. If such parent, guardian or 
other person in charge of such children fail to do this they 
neglect to perform a duty imposed upon them by law relating to 
compulsory education, and consequently violate this section. — 
Attorney General, 1913, p. 1588. 

Under Section 7766, General Code, the superintendent of 
schools or the person authorized by him when the parent so de- 
mands,, is legally bound, if all the conditions imposed by said 
section are complied with to issue the age and schooling certificate 
therein provided to a child, upon satisfactory proof that such 
child is over fourteen years of age and passed a satisfactory fifth 
grade test in the studies enumerated in Section 7762 and is 
engaged in some regular employment, unless a "reasonable doubt 
exists in the mind of the superintendent or the person authorized 
by him that the child had not reached the normal development 
of a child of its age and is not in sound health and physically 
able to perform the work which it intends to do." If such doubt 
exists, the parent or guardian must be required to procure a 
certificate from the board of health showing that the child is 
able to perform the work he is to be employed at. — Attorney 
General, 1912, p. 500. 

A parent who sends his child to a public school and is willing to con- 
tinue to do so, but the child is excluded for failure to comply with a rule of 
the board *f education requiring vaccination, is not liable to conviction under 
the compulsory education act: State v. Turney, 12 O. C. C. (N. S.) 33. 

274 



COMPULSORY EDUCATION. 275 

Section 7763. Every parent, guardian or other person school 
having charge of any child between the ages of eight and attendance, 
fifteen years of age if a male, and sixteen years of age, if a 
female, must send such child to a public, private or paro- 
chial school, for the full time that the school attended is in 
session, which shall in no case be for less than twenty-eight 
weeks. Such attendance must begin within the first week 
of the school term, unless the child is excused therefrom by 
the superintendent of the public schools, or by the principal 
of the private or parochial school, upon satisfactory show- 
ing either that the bodily or mental condition of the child 
does not permit of its attendance at school, or that the child 
is being instructed at home by a person qualified, in the 
opinion of such superintendent or clerk, as the case may be, 
to teach the branches named in the next preceding section. 
(104 V. 225.) 

It is the duty of all truant officers to use legal procedure 
if that is necessary to force and compel school attendance on 
the part of all boys and girls who come within the provisions 
of Sections 7770 and 7771, General Code, as amended in 103, 
O. L. 903, regardless of the grade of school that they should 
attend or would attend if they properly attended school. — At- 
torney General, Opinion 'No. 721, 1914. 

Under Section 7773 of the General Code, it is the duty of 
every parent, guardian or other person in charge of children 
between fourteen and sixteen years of age to cause such children 
to attend some recognized school. If such parent, guardian or 
other person in charge of such children fail to do this they neglect 
to perform a duty imposed upon them by law relating to com- 
pulsory education, and consequently violate this section. — At- 
torney General, 1913, p. 1588. 

By virtue of Section 4750, General Code, the board of educa- 
tion may pass rules and regulations for the governmen/t of .its 
pupils, and the rig^ht of the board to suspend pupils for violation 
of such rules, subject to the restrictions of Section 7685, General 
Code. 

When, therefore, a pupil has partaken in a proceeding in 
which a teacher was hung in effigy, the board may suspend such 
pupil by a two-thirds vote, for a reasonable time not exceeding 
the limit of the current school year, after permitting the parent 
or guardian of the offender to be heard. 

The board may further offer to lift said suspension upon 
the signing of an apology by the culprit. 

The board has no control over other than pupils or em- 
ployes. — Attorney General, 1912, p. 1214. 

Under Sections 7763, 12977 and 12978 of the General Code, 
the parent if able so to do is bound to see to the education of 
his child and must provide the latter with books, or be subjected 
to the penalty provided by section 1655 of the General Code. — 
Attorney General, 1913, p. 1292. 

A board of education of a special school district, through 
its truant officer, can compel pupils of a special school district 
who reside more than one and one-half miles from the school in 
such special district to attend school of such district, without 
providing conveyance therefor, provided that such pupils are 
within the age limitation fixed by Section 7763 of the General 
Code, and provided they are not excused from attending school 
in the manner provided by said section. — Attorney General, 
Opinion No. 744, 1914. 



2/6 



COMPULSORY EDUCATION. 



Appeal in 
case of 
refusal to 
excuse. 



Age and 
school cer- 
tificates of 
girls and 
boys em- 
ployed. 



Section 7764. In case such superintendent, principal 
or clerk refuses to excuse a child from attendance at school, 
an appeal may be taken from such decision to the judge of 
the juvenile court of the county, upon the giving of a bond, 
within ten days thereafter, to the approval of such judge, to 
pay the costs of the appeal. His decision in the matter 
shall be final. All children between the ages of fifteen and 
sixteen years, not engaged in some regular employment, 
shall attend school for the full term the schools of the dis- 
trict in which they reside are in session during the school 
year, unless excused for the reasons above named. (103 
v. 864.) 

It is the duty of all truant officers to use legal procedure 
if that is necessary to force and compel school attendance on 
the part of all boys and girls who come within the provisions of 
Sections 7770 and 7771, General Code, as amended in 103, O. L. 
903, regardless of the grade of school that they should attend or 
would attend if they properly attended school. — Attorney General, 
Opinion No. 721., 1914. 

Under Section 7773 of the General Code, it is the duty of 
every parent, guardian or other person in charge of children be- 
tween fourteen and sixteen years of age to cause such children 
to attend some recognized school. If such parent, guardian or 
other person in charge of such children fail to do this they neglect 
to perform a duty imposed upon them by law relating to com- 
pulsory education, and consequently violate this section. — At- 
torney General, 1913, p. 1588. 

By virtue of Section 4750, General Code, the board of educa- 
tion may pass rules and regulations for the government of its 
pupils, and the rig|ht of the board to suspend pupils for violation 
of such rules, subject to the restrictions of Section 7685, General 
Code. 

When, therefore, a pupil has partaken in a proceeding in 
which a teacher was hung in effigy, the board may suspend such 
pupil by a two-^thirds vote, for a reasonable time not exceeding 
the limit of the current school year, after permitting the parent 
or guardian of the offender to be heard. 

The board may further offer to lift said suspension upon the 
signing of an apology by the culprit. 

The board has no control over other than pupils or em- 
ployes. — Attorney General, 1912, p. 1214. 

Sec. 7765. No boy under sixteen years of age and no 
girl under eighteen years of age shall be employed or be 
in the employment of any person, company or corporation 
unless such child presents to such person, company or cor- 
poration an age and school certificate herein provided for, 
as a condition of employment. Such employer shall keep 
the same on file in the establishment where such minor is 
employed for inspection by the truant officer or officers of 
the department of workshops and factories. (103 v. 864.) 

Under Section 7773 of the General Code, it is the duty of 
every parent, guardian or other person in charge of children be- 
tween fourteen and sixteen years of age to cause such children 
to attend some recognized school. If such parent, guardian or 
other person in charge of such children fail to do this they neglect 
to perform a duty imposed upon them by law relating to com- 
pulsory education, and consequently violate this section. — At- 
torney General, 1913, p. 1588. 



COMPULSORY EDUCATION. 277 

The history of the statute and its process of codification 
make clear that the words "as provided by law" in Section 12994, 
General Code, providing a penalty for employing children be- 
tween fourten and sixteen years of age without schooling cer- 
tificate "provided by law," refer to Section 7765 and Section 7766, 
General Code, which require the certificate only for employment 
during the school term. 

Such a construction harmonizes the statutes and is in keep- 
ing with the undoubted legislative intent to prevent child labor 
only insofar as it interferes with schooling. — Attorney General, 

1912, p. 899. 

Under the provisions of the act of April 28th, 103 O. L. 
914, girls over sixteen and under eighteen years of age may labor 
at employments not prohibited by law, providing they can pass 
a satisfactory educational test. It is not the intention of the 
legislature to permit them to remain out of school and not labor. 
The insertion of the words "over eighteen" in section 7766, is a 
mistake; it was intended that it should be "over sixteen." With 
this construction the law becomes operative. — Attorney General, 

1913, p. 938. 

It is the duty of the board of education to provide for relief 
out of its contingent fund for any boy under fifteen years of age 
and any girl under sixteen years of age, who is unable to attend 
school because absolutely required to work at home or elsewhere 
in order to support himself or herself or help to support or care 
for others who are unable to support or care for themselves, 
upon the report of the truant officer that he is satisfied of such 
necessity. — Attorney General, Opinion No. 1294, 1914. 

Section 7766. An age and schooling certificate shall Approval of 
be approved only by the superintendent of schools, or by a certificate, 
person authorized by him, or, in case of vacancy in the 
office of superintendent, by the clerk of the board of educa- 
tion, upon satisfactory proof that such child, if a male, is 
over fifteen years of age, or, if a female, is over sixteen 
years of age and that such child has been examined and 
passed a satisfactory sixth-grade test, if a male, a seventh- 
grade test, if a female, in the studies enumerated in sec- 
tion seventy-seven hundred and sixty-two, provided, that 
residents of other states who work in Ohio must quahfy as 
aforesaid with the proper school authority in the school dis- 
trict in which the establishment is located, as a condition 
of employment or service, and that the employment con- 
templated by the child is not prohibited by any law reg- 
ulating the employment of such children. Every such 
age and schooling certificate shall be signed in the pres- 
ence of the offices issuing the same by the child in whose 
name it is issued. 

In order to ascertain whether applicants for such cer- juvenile ex- 
tificates have satisfactorily completed the studi-es herein aminer; duties 

.,1 ,. . •'- . ^ . . . . .-, and compen- 

prescnbed as a condition for the issuance of said certm- sation. 
cates the board of education of each city school district may 
appoint a juvenile examiner who shall receive such com- 
pensation as may be fixed by the board of education. No 
such child residing in a city shall be granted such certificate 
unless such juvenile examiner shall have previously cer- 
tified that he has examined such child and that he has 
passed to his satisfaction the grade test as provided by 
this section ; provided, further, that if a child in the opinion 



278 



COMPULSORY EDUCATION". 



Form ol cer- 
tiiicate. 



List to whom 
certificates 
issued fur- 
nished indus- 
trial com- 
mission. 



Child shall be 
placed in school 
who ceases to 
work. 



Papers to be 
approved and 
filed before 
certificate 
issued. 



Pledge of 
employer. 



of said juvenile examiner is below the normal in mental 
development so that he cannot with due industry pass 
such test, and if the school record shows that such child is 
below the normal in development, such fact may be cer- 
tified to by said examiner, and the superintendent or per- 
son authorized by him may at his discretion grant such 
child such age and schooling certificate. Provided, that 
if said examiner is satisfied that the standard of any school 
is sufficiently high, he may accept the records thereof as 
showing that such child has passed such test without fur- 
ther examination. 

The age and schooling certificate must be formulated 
by the superintendent of public instruction, and furnished 
in blank by the clerk of the board of education. It shall 
show the date of its issue. A record giving all the facts 
contained on every certificate issued shall be kept on file 
in the office issuing the same, and also a record of the names 
and addresses of the children to whom certificates have been 
refused, together with the names of the schools which such 
children should attend and the reasons for refusal. 

The superintendent of schools of other persons author- 
ized to issue employment certificates shall transmit between 
the first and tenth days of each month, to the office of the 
industrial commission, upon blanks to be furnished by it, 
a list of the names of the children to whom certificates have 
been issued, returned or refused. Such lists shall give the 
name and address of the prospective employer and the na- 
ture of the occupation the child intends to engage in. 

Any child between fifteen and sixteen years of age, 
who shall cease to work for any cause whatever, shall re- 
port the fact and cause at once to the superintendent of 
schools ; or to a person authorized by him or, in case there 
is a vacancy in the office of superintendent, to the clerk of 
the board of education ; said child shall be required to re- 
turn to school within two weeks, provided other employment 
is not secured within such time ; provided that, should a 
child in the opinion of the superintendent or person acting 
in his stead, lose his employment by reason of persistent, 
wilful misconduct or continuous inconstancy, he may be 
placed in school until the close of the current school year. 

The superintendent of schools or the person author- 
ized by him to issue age and schooling certificates, shall 
not issue such certificates until he has received, examined, 
approved and filed the following papers duly executed. 

(i) The written pledge or promise of the person, 
partnership, or corporation to legally employ the child also 
the written agreement to return to the superintendent of 
schools or to the person authorized by him to issue such 
certificates, the age and schooling certificate of the child 
within two days from the date of the child's withdrawal or 
dismissal from the service of the person, partnership, or 
corporation, giving the reason for such withdrawal or dis- 
missal. 



COMPULSORY EDUCATION. 



279 



(2 The school record of such child, properly filled school record, 
out and signed by the principal or other person in charge 
of the school with such child last attended, giving the 
name, age, address, standing in studies -enumerated in sec- 
tion seven thousand seven hundred and sixty-two, and 
the number of weeks attendance in school during the school 
year previous to applying for such school record, and gen- 
eral conduct. 

(3) As evidence of age (a) a passport or duly at- Birth certif- 
tested transcript of a passport, filed with a register of pass- '^'"^t^- 
ports or other officer charged with the duty of registering 
passports at the several ports of entry to the United States ; 

or duly attested transcript of the certificate of birth or 
baptism or other religious record, showing the date and 
place of birth of such child; ot (b) a duly attested trans- 
cript of the birth certificate filed according to law with a 
registrar of vital statistics, or other officer charged with 
the duty of recording births, shall be conclusive evidence 
of the age of the child, (c) In case none of the above 
proofs of age can be produced, other documentary evidence 
of age which shall appear to be satisfactory to the officer 
issuing the certificate, (aside from the school record of 
such child or the affidavit of parent, guardian or custodian), 
may be accepted in lieu thereof. In such case a school 
census or enumeration record, duly attested, may be used 
as proof of age in the discretion of the officer issuing the 
certificate, (d) In case no documentary proof of age of Application in 
any kind can be procured, the officer issuing the certificate ^Intao- proof, 
may receive and file an application signed by the parent, 
guardian or custodian of the child for a physician's certi- 
ficate. Such application shall contain the name, alleged 
age, place and date of birth, and present residence of the 
child, together with such further facts as may be of assist- 
ance in determining the age of such child, and shall con- 
tain a statement certifying that the parent, guardian or 
custodian signing such application is unable to produce 
any of the documentary proofs of age specified in the pre- 
ceding subdivisions of this section. If the superintendent 
of officer authorized by him to issue such certificate, is 
satisfied that a reasonable effort to procure such documen- 
tary proof has been made, the certificate of the school phy- 
sician, or, if there be none, of a physician employed for the 
purpose by the board of education that such physician 
has made a physical examination of such child and is sat- 
isfied that he is more than fifteen years of age, if a male 
or that she is more than sixteen years of age, if a female 
shall be accepted as sufficient proof of the age of such child 
for the purpose of this act : 

(4) A certificate from the school physician or if Health cer- 
there should be none, of the board of health, and if there tificate. 

be no board of health, within the school district in ques- 
tion, from a licensed physician appointed by the board of 
education showing that the child is physically fit to be 
employed in any of the occupations permitted by law for 



28o 



COMPULSORY EDUCATION. 



a child between fifteen and sixteen years of age Pro- 

""l^^ ^^l^ '^ ^^^ '■^''''^^' °^ ^^^ school physician show such 
child to have been previously sound in health, no further 
physician s certificate need be required, but the officer au- 
thorized to issue such certificate may at his discretion 
require such physican's certificate in any case, as a con- 
dition to the issuing of an age and schooling certificate. 

tl^cirtir" • ^^^ superintendent or person authorized by him may 
icates issue special vacation certificates to boys under sixteen 

S' ""VtP ^u^ F!! "'''^f' ^^^^^'^" y^^'' °f ag^' which 
shall entitle the holders thereof to be employed during 

vacation in occupations not forbidden by law to such chil- 
dren even though such child may not have completed the 
sixth grade, but provided he has complied with all the 
other requirements for obtaining the certificate hereinbefore 
described. (104 v. 129.). 

Under Section 7766, General Code, the superintendent of 
schools or the person authorized by him when the paren so 
demands, is legally bound, if all the conditions imposed by sad 
section are complied with to issue the age and schooling cer 

ItTrW^'"'''' P'7^^^^ '' ' ^^^^^' ^P°" ratis factory prool thai 
fiff? ^^ 'I °7'' ^°"^teen years of age and passed a satisfactory 
fifth grade test in the studies enumerated in Section 7762 and is 
exfs'tft The'iJ^lnd'n'f" h' employment, unless a "reasonable 'doubt 
bv hm fW fhfuL^^^ superintendent or the person authorized 
of a dii d of I. ^^"^ ^^/-"^^ ''"'^"^ '^^ "'^^^^1 development 
^Ki. . . '^\^^^ ^""^ \^ "°^ ^" so^nd health and physically 

able to perform the work which it intends to do." If such doubt 
exists, he parent or guardian must be required to procure a 
certificate from the board of health showing that the ?hnd is 

G^LS/l^irp^OO^ "°^' '' '' " '' ^-^^^-^ at^-i?/-.;^ 

fnurZt ^^A P-T'"^'"^ ^ P""?^^'"^ ^°' employing children between 

fourteen and sixteen years of age without schooling certificate 

provided by law,'; refer to Section 7765 and Section 7766, General 

the sch'^ollerm^''''' ''''^^'''' °"^^' ^"' employment during 

Such a construction harmonizes the statutes and is in keeo- 
ing with the undoubted legislative intent to prevent child labor 
?912 '"'"sp^g '' '^ interferes with schooling. -^^fom^^' General, 

a^A ^.^^^^ t^^^ provisions of the act of April 28th 103 O L 
Ji4, girls over sixteen and under eighteen vears if age may 
labor at employments not prohibited bv law, 'providing they can 
pa^s a satisfactory educational test. It is not the intention of 
the legislature to permit them to remain out of school and not 
l^boj- . The msertion of the words "over eighteen" in section 
u55,^is a mistake; it was intended that it should be "over six- 
teen. With this construction the law becomes operative —At- 
torney General, 1913, p. 938. 

It is the duty of the board of education to provide for 
rehef out of its contingent fund for any boy under fifteen years 
of age and any girl under sixteen years of age, who is unable 
to attend school because absolutely required to work at home or 
elsewhere in order to support himself or herself or help to sup- 
port or care for others who are unable to support or care for them- 
selves upon the report of the truant officer that he is satisfied 
of such necessity. — ^^fom^3; General, Opinion No. 1294 1914 



COMPULSORY EDUCATION. 28 1 

Section 7767. All minors over the age of fifteen and Part time day 
under the age of sixteen years, who have not passed a satis- schools, 
factory sixth grade test in the studies enumerated in sec- 
tion seventy-seven hundred and sixty-two, shall attend 
school as provided in section seventy-seven hundred and 
sixty-three, and all the provisions thereof shall apply to 
such minors. 

In case the board of education of any school district 
establishes part time day schools for the instruction of 
youth over fifteen years of age who are engaged in regular 
employment, such board of education is authorized to re- 
quire all youth who have not satisfactory completed the 
eighth grade of the elementary schools, to continue their 
schooling until they are sixteen years of age; provided, 
however, that such youth if they have been granted age and 
schooling certificates and are regularly employed, shall be 
required to attend school not to exceed eight hours a week 
between the hours of 8 a. m. and 5 p. m. during the school 
term. All youth between fifteen and sixteen years of age, 
who are not employed, shall be required to attend school 
the full time. (103 v. 864.) 

Section 7768. Every child between the ages of eight Truants, 
and fifteen years, if a male, or between the ages of eight and 
sixteen years, if a female, and every male child between the 
ages of fifteen and sixteen years not engaged in some reg- 
ular employment, who is an habitual truant from school, 
or who absets itself habitually from school, or who, while 
in attendance at any public private or parochial school, 
is incorrigible, vicious or immoral in conduct, or who habit- 
ually wanders about the streets and public places during 
school hours having no business or lawful occupation, or 
violates any of the provisions of this act, shall be deemed 
a delinquent child, and shall be subject to the provisions 
of law relating to delinquent children. (103 v. 864.) 

Under Section 7773 of the General Code, it is the duty of 
every parent, guardian or other person in charge of children 
between fourteen and sixteen years of age to cause such children 
to attend some recognized school. If such parent, guardian or 
other person in charge of such children fail to do this they neglect 
to perform a duty imposed upon them by law relating to com- 
pulsory education, and consequently violate this " section. — At- 
torney General, 1913, p. 1588. 

Section 7769. To aid in the enforcement hereof. Truant officers; 
truant officers shall be appointed as follows: In city dis- appointment, 

. ^ . . ^ ^K . , -'- compensation. 

tricts the board of education must appomt and employ a 
truant officer, and may employ such assistants to such tru- 
ant officer as may be deemed advisable ; in village and rural 
districts the board of education shall appoint a constable or 
other person as truant officer. The compensation of the 
truant officer and asistants shall be fixed and paid by the 
board appointing them. (104 v. 225.) 



282 



COMPULSORY EDUCATION. 



Powers of tru- 
ant officers. 



Authority of 
inspectors. 



Section 7770. The truant officer and assistants shall 
be vested with police powers, and the authority to serve 
warrants, and have authority to enter workshops, factories, 
stores and all other places where children are employed, and 
do whatever may be necessary, in the way of investigation 
or otherwise, to enforce this act. He also may take into 
custody any youth between eight and fifteen years of age, 
or between fifteen and sixteen years of age when not reg- 
ularly employed who is not attending school, and shall con- 
duct such youth to the school he has been attending, or which 
he rightfully should attend. (103 v. 864.) 

It is the duty of the board of education to provide for relief 
out of its contingent fund for any boy under fifteen years of age 
and any girl under sixteen years of age, who is unable to attend 
school because absolutely required to work at home or elsewhere 
in order to support himself or herself or help to support or care 
for others who are unable to support or care for themselves, 
upon the report of the truant officer that he is satisfied of such 
necessity. — Attorney General, Opinion No. 1294, 1914. 

It is the duty of all truant officers to use legal procedure if 
that is necessary to force and compel school attendance on the 
part of all boys and girls who come within the provisions of 
Sections 7770 and 7771, General Code, as amended in 103, O. L. 
903, regardless of the grade of school that they should attend 
or would attend if they properly attended school. — Attorney 
General, Opinion No. 721,' 1914. 

Section 6250. The chief and all district inspectors 
shall have like authority as is vested in the truant officer of 
a school district, to enforce school attendance of a child 
found violating the school laws, or he shall make complaint 
of such violation to such truant officer or the clerk of the 
board of education in said district. (99 v. 32 § 4.) 



Duties of tru- 
ant officer; 
record. 



Section 7771. The truant officer shall institute pro- 
ceedings against any officer, parent, guardian, person, part- 
nership or corporation violating any provisions of this 
chapter, and otherwise discharge the duties described 
therein, and perform such other service as the superinten- 
dent of schools or the board of education may deem neces- 
sary to preserve the morals and secure the good conduct of 
school children, and to enforce the provisions of this chapter. 
The truant officer shall keep on file the name, address and 
record of all children between the ages of fifteen and six- 
teen to whom age and schooling certificates have been 
granted who desire employment, and manufacturers, em- 
ployers or other persons requiring help of legal age shall 
have access to such files. The truant officer shall co-operate 
with the industrial comission in enforcing the conditions and 
requirements of the child labor laws of Ohio, furnishing 
upon request such data as he has collected in his reports 
of children from eight to sixteen years of age and also con- 
cerning employers, to the industrial commission and to the 
superintendent of public instruction. He must keep a 
record of his transactions for the inspection and information 
of the superintendent of schools and the board of educa- 



COMPULSORY EDUCATION. 283 

tion; and make daily reports to the superintendent during 
the school term in districts having them, and to the clerk ot 
the board of education in districts not having superin- 
tendents as often as required by him. Suitable blanks for 
the use of the truant oificer shall be provided by the clerk 
of the board of education. (104 v. 225.) 

Under Section 7773 of the General Code, it is the duty of 
every parent, guardian or other person in charge of children be- 
tween fourteen and sixteen years of age to cause such children 
to attend some recognized school. If such parent, guardian or 
other person in charge of such children fail to do this they neglect 
to perform a duty imposed upon them by law relating to com- 
pulsory education, and consequently violate this section. — At- 
torney General, 1913, p. 1588. 

Section 7772. Principals and teachers of all schools, Report of 
public, private and parochial, shall report to the clerk of the teachers to 
board of education of the city, village or rural district in ^ ^^ 
which the schools are situated, the names, ages and resi- 
dence of all pupils in attendance at their schools, together 
with such other facts as said clerk may require in order to 
facilitate the carrying out of the provisions of this chapter. 
The clerk shall furnish blanks for such purpose, and such 
report shall be made during the last week of each month 
from September to June inclusive of each year. Such 
principals and teachers also must report to the truant 
officer, the superintendent of public schools, or the clerk of 
the board of education, all cases of truancy or incorrigibility 
in their respective schools as soon after these offenses have 
been committed as practicable. It shall further be within 
the power of all principals or teachers in charge of schools, 
wherever a child in school reaches his or her twelfth year 
and has not completed the fourth grade work in the studies 
enumerated in section seventy-seven hundred sixty-two, to 
relieve such child from pursuing the regular course pre- 
scribed, and cause such child to give his entire time to 
reading, writing, spelling, geography, arithmetic and the Special course, 
use of the English language with as much manual training 
as opportunity and funds will permit. (104 v. 225.) 

Section 7773. On the request of the superintendent Notice to 
of schools or the board of education or when it otherwise parent of 

. . . 1 f.~ 1 11 • • truancy of 

comes to his notice, the truant omcer shall examine into any diiid; 
case of truancy within his district, and warn the truant and ^^"^p^^"^*- 
his parents, guardian or other person in charge, in writing, 
of the final consequence of truancy if persisted in. When 
any child between the age of eight and fifteen years, or be- 
tween the ages of fifteen and sixteen years, in violation of 
the provisions of this chapter is not regularly employed and 
is not attending school, the truant officer shall notify the 
parent, guardian or other person in charge of such child, of 
the fact, and require such parent, guardian or other person 
in charge, to cause the child to attend some recognized 
school within two days from the date of the notice ; and it 
shall be the duty of the parent, guardian or other person in 



284 



COMPULSORY EDUCATION. 



Employing 
minor with- 
out school 
certificate 
prohibited. 



Filing of cer- 
tificate. 



Damage on 
failure to 
return cer- 
tificate. 



charge of the child so to cause its attendance at some recog- 
nized school. Upon failure to do so, the truant officer 
shall make complaint against the parent, guardian or other 
person in charge of the child, in any court of competent 
jurisdiction in the city, village or rural district in which the 
offense occurred for such failure. (104 v. 225.) 

Under Section 7773 of the General Code, it is the duty of 
every parent, guardian or other person in charge of children be- 
tween fourteen and sixteen years of age to cause such children 
to attend some recognized school. If such parent, guardian or 
other person in charge of such children fail to do this they neglect 
to perform a duty imposed upon them by law relating to com- 
pulsory education, and consequently violate this section. — At- 
torney General, 1913, p. 1588. 

Section 12994. No boy under sixteen years of age 
and no girl under eighteen years of age shall be employed 
or permitted to work on or in connection with the establish- 
ments mentioned in section 12993 of the General Code, or 
in the distribution or transmission of merchandise or mes- 
sages unless such employer first procures from the proper 
authority the age and scholing certificate provided by law. 
(103 V. 864.) 

Under section 12993, General Code, boys under fifteen and 
girls under sixteen years of age may not be employed at any kind 
of employment referred to in said section. 

Under section 12994, General Code, it will be necessary for 
minors to secure a new age and schooling certificate when this 
law goes into effect. 

It is necessary for children who speak a foreign language to 
pass the same test as a native born person. 

Boards of education are not authorized to employ inter- 
preters to examine minors who speak a foreign language and 
those who cannot take the examination because of this fact will 
be denied the privilege of working until they have passed the 
age when a certificate is required. — Attorney General, 1913, p. 
936. 

In the employment of minors where a boy over fifteen years 
old, or a girl over sixteen years old, attends school, then after 
school has some employment, the child should not be interfered 
with in performing such work after school hours, nor should 
the employer under such circumstances be prosecuted. Under 
these circumstances such children need no schooling certificate 
to perform their work. — Attorney General, 720 A, 1914. 

Section 12995. The certificate mentioned in the sec- 
tion 12994 shall be filed in the office of such establishment 
and shall be produced for inspection upon request therefor 
by the chief or district inspector of workshops and factories 
or a truant officer and shall be returned forthwith to the 
superintendent of schools or other persons legally issuing 
it, by the person in charge or manager of such establish- 
ment upon the termination of the employment of such 
minor. Upon failure on the part of the employer so to 
return said certificate within two days, the child termina- 
ting his employments shall be entitled to recover from such 
employer in a civil action as damages an amount equal to 
the wages which he would have earned had he continued in 



COMPULSORY EDUCATION. 285 

said employment for the period between such termination 
thereof and the time when such certificate is so returned. 
If such child at any time fails to appear for work without 
explanation, the employment shall be deemed within the 
purposes of this section to have terminated upon the ex- 
piration of two days after his so failing to appear. (103 v. 

864.) 

Section 13007-7. It shall be the duty of factory in- who shall make 
spectors, truant officers and other officers charged with the viSatfon? ^°^ 
enforcement of laws relating to the employment of minors, 
to make complaints against any person violating any of the 
provisions of this act and to prosecute the same. 

This shall not be construed as a limitation upon the 
right of other persons to make and prosecute such com- 
plaints. (103 V. 864.) 

Section 7774. If the parent, guardian or other person Proceedings 
in charge of any child, upon complaint for a failure to dSiy^juv^ine 
cause the child to attend a recognized school, proves in- persons, 
ability to do so, then he or she must be discharged and 
thereupon the truant officer shall make complaint that the 
child is a juvenile disorderly person within the meaning of 
section seventy-seven hundred and sixty-eight. If such 
complaint be made before a mayor, justice of the peace, or 
police judge, it must be certified by such magistrate to the 
judge of the juvenile court who shall hear the complaint and 
if he determines that the child is a juvenile disorderly per- 
son within the meaning of such section, and if under ten 
years of age, and eligible for admission thereto he shall 
commit the child to a children's home, or if not eligible, 
then to a house of refuge, if there be one in the county, or 
otherwise committed as provided by law. (103 v. 864.) 



Section 7776. The expense incurred in the transpor- Costs. 
tation of a child to a juvenile reformatory and the costs in 
the case in which the order of commitment is made, or the 
child discharged, or in which judgment is suspended, shall 
be paid by the county where the ofifense was committed, 
after the manner provided in case of commitment to a boy's 
industrial school. But if for any cause the parent, guar- 
dian or other person in charge of a juvenile disorderly per- 
son as defined in section seventy-seven hundred and sixty- 
eight fails to cause such person to attend school, then com- 
plaint against such person shall be made, heard and de- 
termined in like manner as provided in case the parent 
proves inability to cause such person to attend school. (95 
V. 619.) 

Section y/yy. When a truant officer is satisfied that Relief to en- 
a child, compelled to attend school by the provisions of this aJJend^sc^hooi 
chapter, is unable to do so because absolutely required to 



286 



COMPULSORY EDUCATION. 



work at home or elsewhere in order to support itself or help 
to support or care for other legally entitled to its services 
who are unable to support or care for themselves, such of- 
ficer must report the case to the president of the board of 
education. Thereupon he shair furnish text books free of 
charge, and such other relief as may be necessary to enable 
the child to attend school for the time each year required by 
law. The expense incident to furnishing books and relief 
must be paid from the contingent funds of the school dis- 
trict. Such child shall not be considered or declared a 
pauper by reason of the acceptance of the relief herein pro- 
vided for. If the child, or its parents or guardian, refuses 
or neglects to take advantage of the provisions thus made 
for its instruction, it may be committed to a children's home 
or a juvenile reformatory, as provided for in the next three 
preceding sections. (99 v. 477.) 



It is the duty of the board of education to provide for 
relief out of its contingent fund for any boy under fifteen years 
of age and any girl under sixteen years of age, who is unable to 
attend school because absolutely required to work at home or 
elsewhere in order to support himself or herself or help to sup- 
port or care for others who are unable to support or care for 
themselves, upon the report of the truant officer that he is satis- 
fied of such necessity. — Attorney General, Opinion No. 1294, 1914. 



Deaf and 
dumb or blind 

institiutions. 



Section 7778. The provisions of this chapter shall 
apply to children entitled under existing statues, to attend 
school "at the institution for the deaf and dumb or the in- 
stitution for the blind, so far as they are properly en- 
forceable. (95 v. 620.) 



Report of tru- 
ant officers to 
juvenile court. 



Section 7779. Annually between the first day of July 
and the first day of August, truant ofificers must report to 
the judge of, the juvenile court of their respective counties 
the names, ages and residences of all such children between 
the ages of eight and eighteen years, with the names and 
post-office address of their parents, guardians or the person 
in charge of them ; also a statement whether the parents, 
guardians or persons in charge of each child are able to 
educate and are educating the child, or whether the in- 
terests of the child will be promoted by sending it to one 
of the state institutions mentioned. (103 v. 864.) 



Proceedings 
in juvenile 
court. 



Section 7780. Upon information thus or otherwise 
obtained, the judge of the juvenile court may fix a time 
when he will hear the question whether any such child shall 
be required to be sent fof instruction to one of the state in- 
stitutions mentioned, and thereupon issue a warrant to the 
proper truant officer or some other suitable person, to bring 
the child before him, at his office at the time fixed for the 



COMPULSORY EDUCATION. 287 

hearing. He also shall issue an order on the parents, guard- 
ian or person in charge of the child to appear before him 
at such hearing, a copy of which order, in writing, must 
be served personally on the proper person by the truant 
officer or other person ordered to bring the child before 
the judge. If, on the hearing, the judge of the juvenile 
court is satisfied that the child is not being properly edu- 
cated at home, and will be benefited by attendance at one 
of the state institutions mentioned, and is a suitable person 
to receive instructions therein, he may send or commit such 
child as provided by law. (103 v. 864.) 

Section 7781. The costs of such hearing, and the Costs, 
transportation of the child to such institution shall be paid 
by the county after the manner provided, when a child is 
committed to a state reformatory. Nothing in the next two 
preceding sections shall require the trustees of either of the 
state institutions mentioned, to receive any child not a suit- 
able subject to be received and instructed therein, under the 
laws, rules and regulations governing such institutions. (95 
V. 620.) 

Section 7782, In every case of complaint against a Notice to board 
child involving commitment to a children's home or juvenile visitors" ^ 
reformatory, the board of county visitors may be notified 
and if so notified, it must attend and protect the interest 
of the child on the hearing, as provided by law in regard 
to the commitment to an industrial or reform school. The 
order of commitment of the child to a state reformatory 
may show that the county visitors were so notified and 
attended the hearing. (103 v. 864.) 

Section 7783. Boards of education are authorized to Employment 
employ legal counsel to prosecute any case arising under the corape^Ssatlnn. 
provisions of this chapter when it deems that necessary. 
The services of such counsel shall be paid for from the con- 
tingent fund of the district. (95 v. 621.) 

Section 12974. Whoever, being a parent, guardian or Failure to 
other person having the care of a child between the age of to^iho^h'^ 
eight and fourteen years, fails to place such child in a public, 
private or parochial school at the commencement of the 
annual school term, in accordance with the law relating to 
compulsory education and within the time prescribed in 
such law, shall be fined not less than five dollars nor more 
than twenty dollars. Upon failure or refusal to pay such 
fine, said parent, guardian, or other person shall be im- 



288 



COMPULSORY EDUCATION. 



prisoned in jail not less than ten days nor more than thirty 
days. (95 v. 615.) 

The intent of this section is to secure the trial of parents charged with 
having failed to cause their children to attend school, within the district 
where the offense occurs and the court may insert proper punctuation to give 
that effect to the section: Grahp v. State, 9 O. D. (N. P.) 816. 

A parent who sends his child to a public school and is willing to continue 
to do so, but the child is excluded for failure to comply with a rule of the 
board of education requiring vaccination, is not liable to conviction under the 
compulsory education act: State v. Turney, 12 O. C. C. (N. S.) 33, 21 
O. C. D. 222. 



Employing cer- 
tain minors 
during school 
session. 



Section 12976. Whoever employs, during the time 
a public, private or parochial school is in session in the 
school district in which such minor resides, a minor over 
the age of fourteen and under the age of sixteen years who 
cannot read and write the English language as provided by 
law ; or whoever, employing such minor, fails forthwith 
to cease such employment upon notice from a truant officer 
as provided by law, shall be fined not less than twenty-five 
dollars nor more than fifty dollars. (95 v. 617.) 



Violation; 
penalty. 



Section 12977. Whoever, being the parent or guard- 
ian or other person in charge of a minor between eight and 
fourteen years of age, or a minor between fourteen and six- 
teen years of age who has not passed a satisfactory fifth 
grade test in the studies enumerated in section seventy- 
seven hundred and sixty-two, or is not regularly employed, 
upon notice from a truant offi cer as provided by law, fails 
to cause such minor to attend a public, private, or parochial 
school, unless such person proves his inability so to do, 
shall be fined not less than five dollars nor more than 
twenty dollars, or the court may in its discretion, require 
the person so convicted to give a bond in the sum of one 
hundred dollars, with sureties to the approval of the court, 
conditioned that he or she will cause the child under his 
or her charge to attend some recognized school within two 
days thereafter and to remain at such school during the 
term prescribed by law ; and upon the failure or refusal 
of any such parent, guardian or other person to pay said 
fine and costs or furnish said bond according to the order 
of the court, then said parent, guardian or other person 
shall be imprisoned in the county jail not less than ten 
days nor more than thirty days. (loi v. 310.) 



Imprison- 
ment. 



Under sections 7763, 12977 and 12978 of the General Code, 
the parent if able so to do is bound to see to the education of 
his child and must provide the latter with books, or be subjected 
to the penalty provided by section 1655 of the General Code. — 
Attorney General, 1913, p. 1292. 



Person so con- Section 1297S. The court may require a person vio- 

give^bond!" latiug the next preceding section to give a bond in the sum 

of one hundred dollars, with sureties to the approval of the 



COMPULSORY EDUCATION. 



289 



court, conditioned that such person will cause such minor 
to attend such school within two days thereafter, and re- 
main in attendance therein during the term as provided by 
law. (95 V. 618.) 

Section 12979. The truant officer upon a violation of Duty of tm- 
either of the next two preceding sections shall make com- ^"* °^^"- 
plaint against a person violating it in any court having 
jurisdiction in the city, village, township or special school 
dstrict in which such violation occurred. (95 v. 618.) 

Section 12980. Whoever, being a parent, guardian. Failure to pay 
or other person convicted of a violation of sections twelve "^* 
thousand nine hundred and seventy-seven or twelve thou- 
sand nine hundred and seventy-eight, fails or refuses to pay 
the fine and costs, or furnish the bond provided therein, 
shall be imprisoned in the county jail not less than ten days 
nor more than thirty days. (95 v. 618.) 

Section 12981. Whoever, being an officer, principal, violating com- 
teacher, or other person, neglects to perform a duty im- fion^'iawfs. "^^ 
posed upon him by the laws relating to compulsory edu- 
cation or employment of minors, for which a specific pen- 
alty is not provided by law, shall be fined not less than 
twenty-five dolars nor more than fifty dollars for each of- 
fense. (95 V. 621.) 

Section 12982. Whoever, being an afficer or agent of same. 
a corporation, violates any provision of law relating to the 
compulsory education or employment of minors, or par- 
ticipates or acquiesces in, or is cos^nizant of such violation, 
where a specific penalty is not otherwise provided by law, 
shall be fined not less than twenty-five dollars nor more 
than fifty dollars. (95 v. 621.) 

Section 12983. Whoever violates any provision of Same, 
law relating to the compulsory education or employment of 
minors, for which a specific penalty is not provided by law, 
shall be fined not more than fifty dollars. (95 v. 621.) 



Jurisdiction 
of mayors 
et. al. 



Section 12984. Mayors, justices of the peace, police 
judges and probate judges shall have final jurisdiction to 
try the ofifenses prescribed in the next ten preceding sections. 
When complaint is made, information filed, or indictment 
found against a corporation for violating any provision of 
such sections, summons shall be served, appearance made, 
or plea entered as provided by law in cases where an in- 
dictment is presented against a corporation, except in com- 
plaints before magistrates, when service may be made by 
the constable. In other cases process shall be served and 
proceedings had as in cases of misdemeanor. (95 v. 621.) 

Section 12985. Fines collected under the provisions pines. 
of the next eleven preceding sections shall be paid into the 
funds of the school district in which the oflfense was com- 
mitted. (95 V. 621.) 

19 s. i<. 



290 



COMPULSORY EDUCATION. 



Jury in 

such case. 



Costs in cer- 
tain prosecu- 
tions. 



Second viola- SECTION 1 2986. Whoever, having been convicted of 

^uisor^ educ'a- "^ violation of any provision of law relating to the com- 
tion or employ- pulsorv cducation ov employment of minors, again violates 
ment aws. ^ provision of siich laws, shall be imprisoned not less than 
ten days nor more than thirty days. (95 v. 622.) 

Section 12987. On complaint before a mayor, justice 
of the peace or police judge of a second or further violation 
of the laws relating to the compulsory education or employ- 
ment of minors, if a trial by jury is not waived, a jury 
shall be chosen and proceedings had therein as provided by 
law in cases of a violation of the law for the prevention 
of cruelty to animals and children. (95 v. 622.) 

Section 12988. No person or officer instituting pro- 
ceedings under the next fourteen preceding sections shall 
be required to file or give security for costs. If a defen- 
dant is acquitted or discharged, or if convicted and com- 
mitted to jail in default of payment of fine and costs, the 
justice, mayor, police judge or probate judge before whom 
such case was brought shall certify such costs to the county 
auditor, who shall examine the amount and, if necessary, 
correct it and issue his warrant to the county treasurer in 
favor of the respective persons to whom such costs are due 
for the amount due to each. (95 v. 622.) 

Section 13000. Failure to produce for lawful in- 
spection the age and schooling certificate as provided by law, 
or the record as provided in section twelve thousand nine 
hundred and ninety-eight, shall be prima facie evidence of 
the illegal employment or service of the child whose cer- 
tificate is not so produced of whose record is not so cor- 
rectly kept. (99 v. 30 § I.) 



Certificate as 
prima facie 
evidence. 



CHAPTER 5. 
REPORTS. 



Section 

7784. School records shall be kept by super- 
intendent and teachers. 

77S5. Special reports by superintendent and 
teachers. 

7786. When clerk shall draw order for 

teachers' pay. 

7787. Annual report of board of education; 

contents. 

7788. Report must be made on blank fur- 

nished by superintendent. 



Section 

7789. Duty of county auditor as to school 

statistics. 

7790. Penalty for neglect to make report. 

7791. When auditor to appoint person to 

make report. 

7792. Penalty for failure to submit abstract 

of enumeration. 

7793. Compensation of auditor. 



Section 7784. Boards of education shall require all schcoi records 
teachers and superintendents to keep the school records in ^^-^'^ ^^ ^^p^ , 

11 Fit 11 "y supenntend- 

such manner that they may be enabled to report annually ents and 
to the county auditor and superintendent of public in- ^^^^^^'■^• 
struction as required by the provisions of this title and shall 
withhold the pay of such teachers and superintendents as 
fail to file the reports required of them. The records of 
each school, in addition to all other requirements shall be 
so kept as to exhibit the names of all pupils enrolled therein, 
the studies pursued ; also, indicate the character of the 
work done, the standing of. each pupil, and must be as near 
uniform throughout the state as is practicable. (104 v. 
225.) 

Section 7785. Such boards may require superintend- special reports 
ents and teachers to report matters the boards deem impor- fe^n|"i5fs"and 
tant or necessary for information in regard to the manage- teachers, 
ment and conduct of the schools and to make such sug- 
gestions and recommendations as they deem advisable rela- 
tive to methods of instruction, school management, or other 
matters of educational interest. The board of education of 
each city district shall prepare and publish annually a re- 
port of the condition and administration of the schools un- 
der its charge, and include therein a complete exhibit of the 
financial affairs of the district. (97 v. 69.) 

The word "publish" as employed in section 7785, General 
Code, leaves it discretionary with the board of education to 
publish said annual report in any manner it sees fit, and a publica- 
tion in a newspaper of such annual report is fully authorized by 
said section. — Attorney General, 1911-12, p. 301. 

Section 7786. No clerk of a board shall draw an order vvhen clerk 
on the treasurer for the payment of a teacher for services ^^^^£^7^ °''" 
until the teacher files with him such reports as are re- teacher'.« 
quired by the superintendent of public instruction and the ^^^' 
board of education, a legal certificate of qualification, or a 
true copy thereof, covering the entire time of the service, 
and a statement of the branches taught. But orders may 

291 



:29^ 



REPORTS. 



Annual report 
of board of 
education; 
contents. 



Report must 
be made on 
blanks fur- 
nished by- 
superintendent. 



Duty of 
county 

auditor as to 
school statis- 
tics. 



be drawn for the payment of special teachers of drawing, 
painting, penmanship, music, gymnastics, or a foreign lan- 
guage, on presentation of a certificate to the clerk, signed 
by a majority of the examiners, and the filing with him of a 
true copy therof, covering the time for which the special 
teacher has been employed, and the specialty taught. (104 
V. 225.) 

Inasmuch as by the provisions of section 7786, a clerk of the 
township board of education is obliged to pass on reports of 
teachers before an order may be drawn by said clerk for the 
payment of their salaries, the office of said clerk constitutes a 
check upon the position of teacher, and therefore both positions 
may not be held at the same time by the same individual. — At- 
torney General, 1913, p. 1097. 

Under a former statute which provided that a person should not be 
employed as a teacher until he had obtained the certificate required by law, 
it was held that a contract of employment entered into before the teacher had 
obtained the required certificate was not invalid, if such certificate was obtained 
before such teacher entered upon the performance of his duties: School Dis- 
trict V. Dilman, 22 O. S. 194. 

A superintendent is not required to have a certificate to teach all the 
subjects taught in the schools of which he is superintendent; and if there are 
one or more teachers besides himself, it will be presumed, in the absence of 
evidence, that he did not teach any of the subjects in which he had no certifi- 
cate: State, ex rel., v. Moser, 12 O. C. C. 247. 

Mandamus will not issue to compel the treasurer to pay an order for 
the compensation of a teacher, if the funds apportioned to the school district 
in which such teacher is employed for school purposes for that year have 
been exhausted: Saunders v. State, ex rel., 2 O. C. C. 475. 

Section 7787. The board of education of each dis- 
trict shall make a report to the county auditor, on or before 
the first day of September in each year, containing a state- 
ment of the receipts and expenditures of the board, the 
number of schools sustained, the length of time they were 
sustained, the enrollment of pupils, the average monthly 
enrollment, and average daily attendance, the number of 
teachers employed, and their salaries, the number of school- 
houses and school rooms, and such other items as the su- 
perintendent of public instruction requires. (104 v. 225.) 

Section 7788'. Such report must be made on blanks 
which shall be furnished by the superintendent of public 
instruction to the auditor of each county, and by the auditor 
to each school clerk in his county. Each board of educa- 
tion, or officers or employee thereof, or other school officer 
in any district or county, when the superintendent so re- 
quires, shall report to him direct, upon such blanks as he 
furnishes any statement or items of information that he 
deems important or necessary. (104 v. 225.) 

Section 7789. On or before the twentieth day of Sep- 
tember, annually, the auditor of each county shall prepare, 
and transmit to the superintendent of public instruction an 
abstract of all the returns of school statistics made to him 
from the several districts in his county, according to the 
form prescribed by the superintendent, a statement of the 
condition of the institute fund, and such other facts relat- 
ing to schools and school funds as the commissioner re- 
quires. He also shall cause to be distributed all such cir- 



REPORTS. 293 

culars, blanks, and other papers, including school laws and 
documents, in the several school districts in the county, as 
the commissioner may lawfully require. (104 v. 225.) 

Section 7790. If the auditor neglects to prepare and Penalty for 
return any of the abstracts or reports herein required, the jJfa^Je^^'reports 
county commissioners, shall withhold from him all com- 
pensation for his services under this title, and he shall also 
be liable on his bond for any such neglect, in a sum not less 
than three hundred nor more than one thousand dollars, 
on complaint of the superintendent of public instruction, 
and if the clerk of the board of education of any district 
fails to make the annual returns of school statistics required 
by this title, to the county auditor, he shall be liable on his 
bond, in a sum not less than fifty nor more than three 
hundred dollars, on complaint of the county auditor, or of 
the board of education, to be recovered in a civil action in 
the name of the state, and when collected to be paid into 
the county treasury, and applied to the use of common 
schools in such district. (104 v. 225.) 

Section 7791. Upon the neglect or failure of the clerk when auditor 
of the board of education of any district to make there- pertJn°to' 
ports required in this title, and by the time specified, the "^^^^ reports, 
county auditor must appoint some suitable person, resident 
of the district, to make such reports who shall receive the 
compensation therefor, allowed by law for like services. 
(70 V. 195.) 

Section 7792. A county auditor who willfully or neg- penalty for 
ligently fails, in any year, to transmit to the superintendent f^ansmit^ 
of public instruction the abstract of enumeration by law abstract of 
required of him, or to perform any other duty required of ^"""^^''^^'O"- 
him in this title, shall be liable on his bond to the extent of 
twice the sum lost to the school districts of his county in 
consequence of such failure. Such sum shall be recovered 
in a civil action against him, on his bond, in the name of the 
state. The money so recovered must be paid into the county 
treasury, for the benefit of such districts, and apportioned 
as the school funds so lost would have been apportioned. 
(104 V. 225.) 

Section 7793. The commissioners of each county, compensation 
annually shall allow the county auditor a reasonable com- of auditor, 
pensation for his services under this title, not to exceed five 
dollars for each city, village and rural school district in his 
county, to be paid out of the county treasury. But before 
such allowance shall be made for any year the auditor must 
present to the commissioners a statement, officially certi- 
fied and signed by the superintendent of public instruction, 
that he has transmitted to him all reports and returns of 
statistics for that year required by this title. (104 v. 225.) 

Section 173. The secretary of state shall prepare "Okjo General 
from the reports filed with him or with the governor of the Statistics." 
state, accurate statistical tables and practical and analytical 



294 



REPORTS. 



Publication 
of "Ohio 
General 
Statistics." 



Approval by 
printing com- 
mission be- 
fore pub- 
lication. 



Where 
printing may 
be done. 



Beginning of 
fiscal year. 



Correction of 
proof sheets 
and prepara- 
tion of 
indexes. 



Official re- 
ports shall 
be made in 
triplicate; 
where filed. 



information regarding the activities and proceedings of the 
several offices and departments of the state to be known as 
''Ohio General Statistics." (io6 v. 508). 

Section 173-1. The secretary of state shall annually 
publish the "Ohio General Statistics," the number of copies 
thereof to be detrmined by the commissioners of public 
printing. The first issue of ''The General Statistics" shall 
be for the period from November 15, 1914, to and includ- 
ing June 30, 191 5. (106 V. 508). 

Section 173-2. No officer, board or commission, shall 
print or cause to be printed at the public expense, any re- 
port, bulletin or pamphlet, unless such report, bulletin or 
pamphlet be first submitted to and the publication thereof 
approved by the commissioners of public printing. If such 
commission shall approve the publication thereof, it shall 
determine the form of such publication and the number 
of copies thereof, provided that in all cases the commis- 
sioners of public printing shall cause their action thereon 
to be entered upon the minutes of their proceedings. 

If such approval is given, the commissioners shall cause 
the same to be printed, and may authorize such printing to 
be done at any penal, correctional or benevolent institution 
of the state having a printing department of sufficient equip- 
ment therefor ; and when printed, such publications, other 
than the Ohio General Statistics, shall be delivered to such 
officer, board of commission for distribution by him or it. 
(106 V. 508.) 

Section 260-1. For all state officers, departments, 
commissions, boards and institutions of the state the fiscal 
year shall be and is hereby fixed to begin on the first day of 
July in each year and to end on the last day of June of 
the succeeding year. (106 v, 508.) 

Section 748. Except as otherwise provided by law, 
the supervisor of public printing shall examine and correct 
the proof sheets of the printing for the state, see that the 
work is executed in accordance with law and when neces- 
sary prepare indexes for the public documents. The print- 
ing for the opinions of the attorney general, "Ohio Gen- 
eral Statistics," and all publications approved by the com- 
missioners of public printing, shall be ordered through 
him, and he shall see that the number of copies ordered is 
received from the printer and delivered to the proper de- 
partment. (106 V. 508.) 

Section 2264-1. Each elective state officer, and the 
adjutant general, board of pardons, superintendent of pub- 
lic instruction, the state agricultural commission, the su- 
perintendent of public works, the public utilities commiss- 
ion, the superintendent of insurance, the state inspector of 
building and loan associations, the state superintendent of 
banks, the commissioners of public printing, the supervisor 



REPORTS. 



295 



of public printing, the board of library commissioners, the 
state geologist, the state commissioner of soldier's claims, 
the state fire marshal, the state inspector of oils, the state 
industrial commission, the state highway department, the 
state board of health, the state medical board, the state 
dental board, the state board of embalming examiners, the 
state board of charities, the Ohio commission for the blind, 
the state board of accountancy, the state board of uniform 
state laws, the state civil service commission, the commis- 
sioners of the sinking fund, the state tax commission, the 
clerk of the supreme court, the state board of administra- 
tion, the state liquor licensing board, the state armory board, 
the trustees of the Ohio state university, and every private 
or quasi-public institution, association, board of ocorporation 
receiving state money for its use and purpose, shall make 
annually, at the end of each fiscal year, in triplicate, a report 
of the transactions and proceedings of his office or de- 
partment for such fiscal year excepting however receipts 
and disbursements unless otherwise specifically required by 
law. Such report shall contain a summary of the official 
acts of such officer, board or commission, institution, asso- 
ciation or corporation, and such suggestions and recommen- 
dations as may be proper. On the first day of August of 
each year, one of said reports shall be filed with the gov- 
ernor of the state, one with the secretary of state, and one 
shall be -kept on file in the office of such officer, board, 
commission, institution, association or corporation. (106 
V. 508.) 

Section 2264-2. Wherever in the statutes of this state Definition 
annual reports are required to be made to the governor, or °^ ^^^"^^' 
annual reports to the governor are refered to, the words 
**to the govenor". shall be held to mean annual reports in 
triplicate as provided in section 2264-1 and the special in- 
formation required by any such statutes to be included in 
such annual report to the governor shall be included in 
such triplicate reports. (106 v. 508.) 

Section 2266. The governor may at any time require Governor's 
to be filed with him a detailed report from any state officer, ?o Ve°ports.^^ 
board or commission. (106 v. 508.) 



CHAPTER 6. 
ENUMERATION. 



Section 

7794. Annual enumeration. 
12929. False enumeration. 

7795. Additional facts to be ascertained. 

7796. How enumeration taken. 

7797. Report to be kept; compensation. 

7798. When district situated in two or more 

counties. 

7799. Clerk to transmit abstract of enumera- 

tion to county auditor. 



Section 

7800. When the clerk fails, auditor to act. 

7S01. When county line divides original 
surveyed townships. 

7802. When enumeration not taken, district 
not entitled to school funds. 

7S03. Auditor to furnish abstract to state 
superintendent. 

7804. Duty of superintendent when enumer- 
ation excessive. 



Annual enu- 
meration. 



Section 7794. An enumeration of all unmarried 
youth noting sex, between six and twenty-one years of age, 
resident within the district, and not temporarily there, shall 
be taken in each district, annually, during the two weeks 
ending on the fourth Saturday of May, designating also the 
number between six and eight years of age, the number be- 
tween eight and fourteen years of age, the number between 
fourteen and sixteen years of age, the number between six- 
teen and twenty-one years of age, the number residing in 
the Western Reserve, the Virginia Military district, the 
United States Military district, and in any original surveyed 
township or fractional township to which belongs section 
sixteen, or other land in lieu thereof, or any other lands for 
the use of public schools, or any interest in the proceeds of 
such lands. (99 v. 80.) 

Enumeration in children's homes; see Sec. 3088. 

At the annual enumeration of school youth as required by 
the provisions of Sec. 7794, the ages of such youth at the taking 
of enumeration should be returned and not as of September 1st 
following. — Attorney General. 

The youth enumerated must be actual residents of the district, living 
with parents or guardians or working to support themselves by their own 
labor; see Sec. 7681 and notes under same. 

Section 12929. Whoever, being an officer having su- 
pervision over the annual enumeration of unmarried youths 
between six and twenty-one years of age, taken in con- 
formity to law, increases or diminishes the number enu- 
merated, shall be fined not less than five dollars nor more 
than one thousand dollars or imprisoned in the county jail 
not less than ten days nor more than thirty days. (70 v. 
I95-) 

Report of deaf, SECTION 2606. In cach year when an enumeration in 

fnsTne ^Ind^' ^^^^ behalf is required, as soon as possible after the third 
idiotic per- Monday of May, the county auditor shall make and for- 
ward to the auditor of state a list of all the deaf, dumb, 
blind, insane, and idiotic persons in the county, with the 
names and post office addresses of their parents or guar- 
dians, as returned to him by the assessors. If he fails to 

296 



False enumera- 
tion of school 
children. 



ENUMERATION. 297 

make and forward such report within a reasonable time, 
he shall forfeit and pay to the state any sum not exceeding 
one hundred dollars, to be recovered and paid as provided 
in the preceding section. (58 v, 40.) 

Section 7795. When taking such enumeration, the Additional facts 
person appointed to take it, shall make every effort to ascer- ["j^g^^j^^^^""' 
tain the number of imbeciles or feeble-minded children be- 
tween the ages of six and twenty-one, resident within the 
district. He shall keep an accurate list of the names, sex, 
age and place of residence of all such children, and make it 
a part of his report to the clerk of the board of education. 
There also shall be so taken an accurate enumeration of all 
physically disabled, blind, deaf or mute children, noting 
sex, between six and tweny-one years of age, resident 
within the district. (99 v. 80.) 



)w enumer- 



Section 7796. On or before the second Saturday in Tfo\ 
May, the board of education of each school district shall ^''°" taken, 
appoint one or more persons to take the enumeration pro- 
vided for in the next two preceding section. Each person 
appointed shall take an oath or affirmation to take the 
enumeration accurately and truly to the best of his skill and 
abiHty. When making return thereof to the clerk of the 
board of education, he shall accompany it with a list of the 
names of all the youth enumerated, noting the age of each, 
with his affidavit duly certified that he has taken and re- 
turned the enumeration accurately and truly to the best of 
his knowledge and belief, and that such list contains the 
names of all such youth so enumerated and none others. 
The clerk of the board of education or any officer author- 
ized to administer oaths, may administer such oath or af- 
firmation, and take and certify such affidavit. (97 v. 365.) 

Section 7797. The clerk shall keep such report and Report to be 
the list of names in his office for five years. Each person kept; com- 

1 • 1 -1 • 1 11 1 11 1 pensation. 

SO takmg and returnmg the enumeration shall be allowed 
by the proper board of education reasonable compensation 
for his service. (97 v. 365.) 

Section 7798. When a school district including terri- when district 
tory attached for school purposes, is situated in two or situated in 

•^ . 1 • 1 • two or more 

more counties, persons taking such enumeration must re- counties. 
port the number of youth as provided in sections seventy- 
seven hundred and ninety-four, and seventy-seven hundred 
and ninety-five, residing in each county. The clerk of the 
board shall make returns to the auditors of the respective 
counties in which such youth reside as provided in the next 
following section. (97 v. 366.) 

Section 7799. Annually, on or before the first Satur- ^^j^^j^ ^j^^jj 

day in July, the clerk of each board shall make and transmit transmit to 

to the county auditor, an abstract of the enumeration by ttiact^'^of ' 

this chapter required to be returned by him, according to enumeration, 
the form prescribed by the superintendent of public in- 



298 



ENUMERATION. 



struction, with an oath or affirmation endorsed thereon 
that it is a correct abstract of the returns made to him 
under oath or affirmation. The oath or affirmation of the 
clerk may be administered and certified by any member of 
the board of education, or by the county auditor. (104 v. 
225.) 

When the clerk SECTION 7800. If the clerk of any district fails to 

to'^act^"'^**°*^ transmit such abstract of enumeration on or before the 
first Saturday in July, the auditor at once shall demand it 
from him. In case the enumeration has not been taken as 
required by this chapter, or the abstract required be not 
furnished without delay, the auditor shall employ compe- 
tent persons to take it, who shall be subject to the legal re- 
quirements already specified, except that the return must 
be made directly to the auditor, who may administer to each 
person employed the oath or affirmation required. He shall 
allow the person employed by him, a reasonable compen- 
sation, to be paid out of the general county fund, and then 
proceed to recover the amount so paid in civil action be- 
fore any court of competent jurisdiction, in the name of 
the state, against such clerk on his bond. The amount so 
collected shall be paid into the school funds of the district. 
(97 V. 366.) 

The returns should now be made on or before the first 
Saturday in June, as the time of taking the enumeration was 
changed from July to May without changing the time fixed for 
making returns. — Attorney General Opinion. 



When county 
line divides 
original sur- 
veyed town- 
ship. 



Section 7801. If parts of an original surveyed town- 
ship or fractional township are situated in two counties, 
the auditor of the county in which the smallest part is sit- 
uated, so soon as the abstracts of enumeration are received 
by him from the clerks of the boards of education, shall cer- 
tify to the auditor of the county in which the largest part 
is situated the enumeration of youth residing in the part of 
the township situated in his county. If parts of such town- 
ship or fractional township are situated in more than two 
counties, like certificates of enumeration must be transmit- 
ted to the auditor of the county containing the greatest 
relative portion of such township, by the auditors of the 
other counties containing portions thereof. When it is un- 
certain which county contains the greatest relative portion 
of such township, such certificates shall be transmitted to 
the auditor of the oldest county, by the other auditor or 
auditors. If the land granted by congress to such town- 
ship or fractional township for the support of public schools 
has' been sold, the auditor to whom such certificates are 
transmitted must notify the auditor of state, without de- 
lay, that such enumeration has been certified. (70 v. 195.) 

This section has nothing whatever to do with the enumera- 
tion returned by county auditors to the state commissioner of 
common schools. — Attorney General Opinion, 



ENUMERATION. 



299 



Section 7802. If an enumeration of the youth of a 
district be not taken and returned in any year, such district 
shall not be entitled to receive any part of the school funds 
distributable in that year. If such loss to a district occurs 
through the failure of the clerk of the board of education 
of a district to perform the duty required of him under sec- 
tion seventy-seven hundred and ninety-nine, he shall be li- 
able to the district for the loss, which may be recovered in 
an action in the name of the state. The money so recov- 
ered shall be paid into the county treasury, and apportioned 
as the school funds so lost would have been apportioned. 
(104 V. 158.) 

Section 7803. On or before the third Saturday in 
July in each year, the auditor of each county shall make 
and transmit to the superintendent of public instruction, 
on blanks to be furnished by the commissioners, an abstract 
of the enumeration returns made to him duly certified. 
(104 V. 225.) 

Section 7804. When, on examination of the enu- 
meration returns of any district, the superintendent of pub- 
lic instruction is of the opinion that the enumeration is ex- 
cessive in number, or in any other way incorrect, he may 
require it to be re-taken and returned. If he thinks it 
necessary for this purpose he may appoint persons to pei- 
form the service, who shall take the oath, perform the du- 
ties, and receive the same compensation, out of the same 
funds, as the person or persons who took the enumeration 
in the first instance. The school fund distributable to the 
counties in proportion to enumeration shall be distributed 
upon the corrected returns. (104 v. 225.) 



District not 
entitled to 
school funds 
when enu- 
meration not 
taken. Lia- 
bility of clerk. 



Auditor shall 
transmit ab- 
stract to su- 
perintendent. 



Duty of super- 
intendent 
Avhen enumera- 
tion excessive. 



CHAPTER 7. 
EXAMINERS. 



Section 

STATE BOARD OF EXAMINERS. 

7805. State board; appointment and qualifi- 

cations. 

7806. Terms and vacancies. 

7807. Power to issue certificates; record 

thereof. 

7807-1. Professional training of applicant re- 
quired. 

7S07-2. Additional requirements when appli- 
cant not a graduate. 

7807-3. When elementary certificate may be 
granted without further examination. 

7807-4. When high school certificate may be 
granted without further examination. 

7807-5. When special certificate may be 
granted. 

7807-6. When life certificate shall be issued 
to holder of provisional certificate. 

7807-7. When state life high school certificate 
eliall be issued to holder of degree. 

7808. Effect thereof; may be revoked for 

cause. 

7809. Examination fee. 

7810. Compensation of examiners. 

COUNTY BOARD OF EXAMINERS. 

7811. County board; how composed. 

7812. Who eligible as examiner. 

781.3. Term; revocation of appointment. 

7814. Vacancies. 

7815. Organization of board; duties of offi- 

cer?. 

7816. Rules and regulations. 

7817. Meetings for examination; notice. 

7818. Power of majority to grant certifi- 

cates. 

7819. Uniform system of examination. 

7820. Dispostion of fees. 

7821. What and how many certificates may 

be granted. 

7821-1. Five and eight year certificates: how 
renewed. 

7821-2. How certificates in force; renewed. 

7822. Professional training required of ap- 

plicants for one year and three year 
certificates. 

7823. Professional training required of ap- 

plicants for one year or three year 
high school or special certificates. 
7823-1. Training required after January 1, 
1915, and January 1, 1920. 

7824. Eff'ect of certificates of other counties. 



Section 

7825. Additional test to written examina- 
tion; when and by whom made. 

Temporary certificates. 

Minimum age limit. 

Fees for examiners conducting in- 
vestigation. 

What kind of certificate shall be 
issued. 

Elementary certificate; branches. 

High school certificates; branches. 

Teachers' special certificate. 

Teachers' emergency certificate. 

Teachers having one year normal 
course may be granted one year cer- 
tificate. 

Graduates of first grade high school 
may be granted one year certificates. 

Recognition or renewal of certificates. 

Compensation of examiners. 

Expenses of board. 

Annual report of clerk; bond. 

No additional compensation as clerk. 



7826. 

7827. 
7828. 

7829. 

7830. 

7831. 

7832. 

7832-1. 

7832-2. 



7832-3. 

7833. 
7834. 
7835. 
7836. 

7837. 



CITY BOARD OF EXAMINERS. 

7838. City board of school examiners; ap- 

pointment, term. 

7839. Removal and vacancy. 

7840. Standard of qualifications for teachers. 

7841. Special examiners. 

7842. Organization of board; duties of offi- 

cers; clerk's bond. 

7843. Meetings for examination; notice. 

7844. Certificates for one and three years. 

7845. Certificates for five and eight years; 

renewals. 

7846. Renewal of two and three year cer- 

tificates. 

7847. Certificates ml • be issued without 

formal examination. 

7849. Temporary certificates. 

7850. Minimum age limit; revocation of 

certificate. 

7851. Fees for examiners conducting investi- 

gation. 

7852. Kind of certificates authorized to be 

issued; proviso. 

7853. Compensation of members and clerk; 

incidental expenses. 

7854. Duties^ of clerk of city board of school 

examiners. 

7855. Disposition of examination fees. 

7856. Consideration of applicants' answers. 

7857. Manuscripts shall be kept on file sixty 

days, 

7858. How appeal may be taken. 



State board; 
appointment 
and quali- 
fications. 



STATE BOARD OF EXAMINERS. 

Section 7805. There shall be a state board of school 
examiners, consisting of five competent persons, resident 
of the state, to be appointed by the superintendnt of public 
mstruction. Not more than three of them shall belong to 
the same political party. (104 v. 100.) 

A member of a board of school examiners is said in State, ex rel., v. 
Board of Education, 4 O. C. D. 540, not to be an officer within the meaning 
•of Art. II, Sec. 20, of the Ohio constitution, wliich forbids a change in the 
compensation of an officer during liis term. Accordingly, tlic board of educa- 
tion may reduce the compensation of an examiner during his term of office, 
but such reduction cannot be retroactive. 

300 



EXAMINERS. « 3OI 

Section 7806. The term of office of such examiners Terms and 
shall be five years. The term of one of the examiners shall vacancies. 
expire on the thirty-first day of August each year. When a 
vacancy occurs in the board, whether from expiration of 
the term of office, refusal to serve, or other cause, the su- 
perintendent of public instruction shall fill it by appoint- 
ment for the full or unexpired term, as the case demands. 
(104 v. 100.) 

Section 7807. The board thus constituted may issue Power to issue 
three grades of life certificates to such persons as are found record thereof, 
to possess the requisite scholarship, and who exhibit sat- 
isfactory evidence of good moral character and of profes- 
sional experience and ability. The certificates shall be for 
different grades of schools according to branches taught 
and be valid in the schools specified therein. The clerk of 
the board shall keep a record of the proceedings, showing 
the number, date and grade of each certificate, to whom 
granted, and for what branches of study,' and report such 
statistics to the superintendent of public instruction, an- 
nually, on or before the thirty-first day of August. (104 

V. TOO.) 

A contract for the employment of a teaclier which is made before he 
obtains the necessary certificate is not invalid if he obtains the necessary 
certificate before he enters upon the duties of his employment: School District 
V. Dilman, 22 O. S. 194. 

Section 7807-1. Applicants for life certificates of any professional 
kind shall possess an amount of professional training as aSJJ-cants^ 

follows : required. 

1. On and after January first, 1915, not less than a 
one-year course or its equivalent in summer school work, 
in a recognized institution of college or normal school rank 
for the training of teachers, or a year's course in an arts 
college on the recognized list, maintaining a practice de- 
partment. 

2. On and after January first, 1920, not less than a 
two-year course, or its equivalent in summer school work, 
in a recognized institution of college or normal school rank 
for the training of teachers, or two years' work in an arts 
college on the recognized list maintaining a practice de- 
partment, not less than one-fourth of which work shall be 
in educational subjects including observation and practice 
teaching. (104 v. 100.) 

Section 7807-2. In addition to the requirements Additional re- 
mentioned in section 7807-1, every applicant for a life cer- qnirements 

.- .- . ' * f. •^'. *^,. .. - , when applicant 

tincate, 11 not a graduate 01 a recognized institution for the not a graduate. 

training of teachers of college or normal school rank or 

liberal arts college on the recognized list, shall have had at 

least fifty months of successful teaching experience and 

hold a certificate of graduation from a first grade high 

school or its equivalent. (104 v. too.) 



302 



EXAMINERS. 



When eiemen- SECTION 7807-3. A graduate from any normal school, 

ma^ be^'^?ant^ed tcachers' collcgc, College or university, who has completed 
without further a fuU two ycars' academic and professional course in such 
examination. institution and who also possesses a first grade high school 
diploma or its equivalent shall upon application to the 
superintendent of public instruction and the payment of a 
fee of one dollar be granted without further examination a 
provisional elementary certificate valid for four years in 
any school district within the state; provided that such in- 
stitution has been approved by the superintendent of pub- 
lic instruction. (104 v. 100.) 



When high 
school certifi- 
cate may be 
granted with- 
out further 
examination. 



When special 
certificate 
may be 
granted. 



When life cer- 
tificate shall 
be issued to 
holder of pro- 
visional cer- 
tificate. 



When state 
life high 
school certif- 
icate shall be 
issued to 
holder of 
degree. 



Section 7807-4. A graduate from any normal school, 
teachers' college, college or university, who has completed 
a full four years' academic and professional course in such 
institution and who also holds a certificate of graduation 
from a first grade high school or its equivalent shall upon 
application to the superintendent of public instruction, and 
the payment of a fee of one dollar, be granted without fur- 
ther examination, a provisional high school certificate valid 
for four years in any school district within the state ; pro- 
vided that such institution has been approved by the super- 
intendent of public instruction. (104 v. 100.) 

Section 7807-5. A graduate from any normal school, 
teachers' college, college or university, who has completed 
a special two year course, with training school experience, 
in music, drawing, penmanship, manual training, physical 
culture, domestic science, agriculture, kindergartening, any 
modem language, or such other studies as are required to 
be taught by special teachers or supervisors and who also 
possess a first grade high school diploma or its equivalent, 
shall upon application to the superintendent of public in- 
struction and the payment of a fee of one dollar, be granted 
without further examination a provisional special certifi- 
cate in such subject or subjects valid for four years in any 
school district within the state; provided that such insti- 
tution has been approved by the superintendent of public 
instruction. (104 v. 100.) 

Section 7807-6. It shall be the duty of the state 
board of school examiners to issue without examination to 
every holder of a state provisional certificate, a life cer- 
tificate of similar kind upon satisfactory evidence that the 
holder thereof has completed at least twenty-four months 
of successful teaching, after receiving such provisional 
certificate. (104 v. 100.) 

Section 7807-7. The state board of school examiners 
shall issue without examination, a state life high school 
certificate to the holder of a degree from any normal school, 
teachers' college, or university that has been approved by 
the superintendent of public instruction, upon satisfactory 
evidence that the holder thereof has completed at least fifty 
months of successful teaching. (104 v. 100.) 



EXAMINERS. 303 

Section 7808. All certificates issued by such board Eflfe.ct there- 
shall be countersigned by the superintendent of public in- Joj^gd^'for^ ^^' 
struction. They shall supersede the necessity of any and cause, 
all other examinations of the persons holding them, by any 
board of examiners, and be valid in any school district in 
the state, unless revoked by the state board for good cause. 
(104 V. 100.) 

Section 7809. Each applicant for a certificate shall Examination 
pay to the board of examiners a fee of five dollars. The ^^^^• 
clerk of the board must pay to the state treasurer, all fees 
received, and file with the state auditor a written statement 
of the amount. (85 v. 330.) 

Section 7810. Each member of the board shall re- Compensation 
ceive five dollars for each day he is necessarily engaged in °^ examiners, 
official service, and also his actual and necessary expenses, 
to be paid out of the state treasury on the order of the 
state auditor. All books, blanks and stationery required 
by the board shall be furnished by the secretary of state. 
(104 v. 100.) • 

COUNTY BOARD OF EXAMINERS. 

Section 781 i. There shall be a county board of county board; 
school examiners for each county, consisting of the county ^°^ composed, 
superintendent, one district superintendent and one other 
competent teacher, the latter two to be appointed by the 
county board of education. The teacher so appointed must 
have had at least two years' experience as teacher or super- 
intendent, and be a teacher or supervisor in the public 
schools of the county school district or of an exempted vill- 
age school district. Should he remove from the county 
during his term, his office thereby shall be vacated and his 
successor appointed. (104 v. 100.) 

Where an examination for the granting of teachers' cer- 
tificates is not held on the date advertised, school examiners who 
attend such meeting and issue temporary certificates are not en- 
titled to any compensation therefor. — Attorney General, Opinion 
Xo. 928, 1914. 

The members of the county board of school examiners au- 
thorized by Section 7811, General Code, as amended, 104 O. L., 
102, are not subject to the civil service law. — Attorney General, 
Opinion, No. 1177, 1914. 

The term "Supervisor" as employed in Section 7811, 104 
O. L., 102, is intended to apply to teachers who have had experi- 
ence in overseeing or have had charge of schools with authority 
to direct or regulate matters in connection with the schools, either 
as an actual superintendent or in a supervisory capacity. The 
term "exempted village school districts" as employed in said sec- 
tion 7811, applies to village school districts which are exempt 
from county school districts by virtue of Sections 4688 and 4688-1, 
General Code, as amended in 104 O. L., 134. — Attorney General, 
Opinion No. 1341, 1914. 

Section 7812. No examiner shall teach in, be con- who eligible 
nected with, or financially interested in any school which *s examiner. 
is not supported wholly or in part by the state, or be em- 



304 



EXAMINERS. 



Term; revo- 
cation of ap- 
pointment. 



Vacancies. 



Organization 
of board; 
duties of 
officers. 



Rules and 
regulations. 



ployed as a paid instructor in any teachers' institute in his 
own county ; nor shall any person be appointed as, or ex- 
ercise the office of examiner who is agent of or financially 
interested in any book publishing or book selling firm, com- 
pany or business, or in any educational journal or maga- 
zine. If an examiner becomes connected with or interested 
in any school not under state control, or is employed in any 
such institution in his own county, or becomes an agent of 
or interested in any book company or journal, or fails to 
hold the necessary teachers' certificate, or removes from the 
county, the county board of education upon being apprised 
of such fact, forthwith shall remove such examiner and ap- 
point his successor. (104 v. 100.) 

Section 7813. The term of office of such appointive 
school examiners shall be two years. The term of one of 
the examiners shall expire on the thirty-first day of August, 
each year. The county board of education shall revoke 
the appointment of any examiner, upon satisfactory proof 
that he is inefficient, intemperate, negligent, guilty of im- 
moral conduct, or that he is using his office for personal or 
private gain. (104 v. 100.) 

Section 7814. When a vacancy occurs in the board, 
whether from expiration of the term of office, refusal to 
serve, or other cause, the county board of education 
promptly shall fill it by appointment for the full or unex- 
pired term, and within ten days, report this to the superin- 
tendent of public instruction, together with the names of 
the other members of the board and the date of the expira- 
tion of their several terms of office. (104 v. 100.) 

Section 7815. Annually, in the month of September, 
the board of county school examiners shall organize by 
choosing from its members a president and a vice presi- 
dent. The county superintendent shall be the clerk of the 
board. The president shall preside at all the meetings of 
the board. In his absence the vice president shall preside. 
The clerk shall keep a full and accurate record of the pro- 
ceedings of the board, showing the number, date and char- 
acter of each certificate issued, to whom, for what term and 
what branches of study, with such other statistics relating 
to the examination and proceedings of the board as the 
superintendent of public instruction requires, in the form 
and manner required by him, and made a report of all such 
items annually on or before the first day of September. 
(104 V. 100.) 

Section 7816. The board shall make all needful rules 
and regulations for the proper discharge of its duties and 
the conduct of its work, subject to statutory provisions and 
the approval of the superintendent of public instruction. 
(104 V. 100.) 

The board of county examiners has no authority to honor a 
certificate of teachers who have taught in a foreign state, or to 



EXAMINERS. 



305 



issue certificates to them without taking an examination in this 
state. — Attorney General, 1913, p. 1341. 

Section 7817. Each board shall hold public meet- 
ings for the examination of applicants for county teachers' 
certificates on the first Saturday of September, October, 
January, March, April, May, and the last Friday of June 
and August of each year, unless any such day falls on a 
legal holiday, in which case, it shall be held on the corre- 
sponding day of the succeeding week, at such place within 
the county as, in the opinion of the board, best will accom- 
modate the greatest number of applicants. In no case shall 
the board hold any private examination or antedate any 
certificate. (104 v. 100.) 

Where an examination for the granting of teachers' cer- 
tificates is not held on the date advertised, school examiners who 
attend such meeting and issue temprary certificates are not en- 
titled to any compensation therefor. — Attorney General, Opinion 
No. 928, 1914. 

Section 7818. A majority of the board may examine 
applicants and grant certificates. An applicant for a county 
teachers' certificate may, if he so elects, take one-half of 
the subjects in which he is to be examined on one day and 
the remaining one-half not later than the second regular 
examination day thereafter. The subjects to be taken the 
first day by an applicant shall be determined by the board 
of county examiners. If an applicant electing to take the 
examination in two days fails to obtain on the first day a 
grade of seventy-five per cent, or more, in any subject or 
subjects, such applicant may elect to be re-examined in 
such subject or subjects on the second day on which such 
applicant is to be examined. As a condition of an appli- 
cant's being admitted to take the examination he shall pay 
to the board for the use of the county board of education 
fund a fee of fifty cents. Applicants taking the examina- 
tion in two parts shall make on the date when each part is 
taken an application accompanied with ^a fee of fifty cents. 
(104 V. 100.) 

Section 7819. The questions for all county teachers' 
examinations shall be prepared and printed under the di- 
rection of the superintendent of public instruction. A 
sufficient number of lists shall be sent, under seal, to the 
clerks of such boards of examiners not less than five days 
before each examination, such seal to be broken at the 
time of the examination at which they are to be used, in 
the presence of the applicants and a majority of the mem- 
bers of the examining board. (104 v. 100.) 

Section 12939. Whoever, being a person connected 
with the preparation, printing, distribution or handling of 
questions for county, teachers' examinations, makes public 
in any manner or gives information in regard to the nature 
or character of such questions, to an applicant for a cer- 

20 s. I.. 



Meetings for 
examinations; 
notice. 



Power of ma- 
jority to grant 
certificates. 



Applicant may 
elect to take 
one-half the 
'Subiects at 
each of two 
regular ex- 
aminations. 



Uniform sys- 
tem of ex- 
amination. 



Divulging 
school exam- 
iners' ques- 
tions. 



306 EXAMINERS. 

tificate, or other person, prior to such examination in each 
branch of study respectively, or whoever is found in pos- 
session of any of such questions prior to the distribution 
thereof for the use of appHcants at such examination, shall 
be fined not less than fifty dollars nor more than one hun- 
dred dollars, and imprisoned not less than thirty days nor 
more than ninety days. (98 v. 228.) 

Disposition of Section 7820. The clerk of the board of county 

fees. school examiners shall promptly collect all fees from ap- 

plicants at each examination and pay them into the county 
treasury monthly. He shall file with the county auditor a 
written statement of the amount .and the number of appli- 
cants, male and female, examined during the month. All 
money thus received, shall be set apart by the auditor to 
the crdit of the county board of education fund. (104 v. 

ICX).) 

The moneys paid into the county board of education fund 
on account of the salaries of county and district superintendents, 
under Section 4744-3, General Code, as amended, 104 O. L., 143, 
are automatically appropriated to the payment of such salaries, 
and cannot be used for any other purpose. The expenses of the 
county superintendent and his allowance for clerk hire, the ex- 
penses of the members of the board of education and the expenses 
of the county institute, which are payable out of this fund, must 
be paid from moneys coming into it otherwise than under Sec- 
tion 4744-3, viz. : examination fees, under Section 7820, as 
amended, 104 O. L., 104, and transfers from the dog tax fund, 
under Section 5653, General Code, as amended, there being no 
other source of the county board of education fund. 

If the allowance to the superintendent is made in advance, 
such allov/ance would appropriate moneys in the fund other than 
those appropriated to salaries; so that the expenses of conducting 
institutes and the expenses of the members of the board of 
education could not be paid unless there were in the fund more 
than enough to pay the salaries and superintendent's allowance. 
— Attorney General, Opinion No. 1143, 1914. 

What and how SECTION 782 1. County boards of school examiners 

many certif- may grant teachers' certificates for one year and three years 
granted"^^ ^ which shall be valid in all villages, and rural school dis- 
tricts of the county wherein they are issued. Not more 
than three one-year certificates and not more than one 
three-year certificate may be issued to any one person. 
Such three-year certificate may be renewed twice only on 
proof of successful teaching. 
Valid from Such Certificate shall be valid for one year and three 

September years respectively from the first day of September follow- 

following. • 1 1 r .1 • .• / \ 

mg he day of the exammation. (104 v. 100.) 

The members of the county board of school examiners 
authorized by Section 7811, General Code, as amended, 104 O. L., 
102, are not subject to the civil service law, — Attorney General, 
Opinion No. 1177, 1914. 

Five and eight SECTION 782 1 -I. All fivc-ycar and eight-year certifi- 

cafeV*^"ow cates now granted shall continue* in force until the end of 

renewed. their tcrms and shall be renewed by the superintendent of 

public instruction upon proof that the holders thereof have 



EXAMINERS. 3O7 

taught successfully until the time of each renewal. Each 
application for renewal shall be accompanied by a fee of 
fifty cents and shall be filed in the office of the superintend- 
ent of public instruction. (104 v. 100.) 

Section 7821-2. All two-year and three-year pri- How certifi- 
mary, elementary and high school certificates now granted reJfeVed. ^°^'^^' 
shall continue in force until the end of their terms and may 
be renewed by the county boards of examiners on proof of 
five years' successful teaching experience. (104 v. 100.) 

Section 7822. Applicants for a one-year elementary Professional 
certificate shall be admitted to examination, and if found ap^pikants^^for 
proficient may be granted a certificate to teach in the public ^g^tSkate 
schools in the county in which such certificate is granted 
for one school year, without previous professional train- 
ing, but applicants Jor a one-year or a three-year elemen- 
tary certificate who have taught in the public schools for 
one school year previous to the time of such application, 
unless said applicant is a graduate of a college or university 
of approved educational standing, shall possess an amount 
of professional training consisting of class room instruction 
in a recognized institution for the training of teachers, 
not less than the following: after January i, 1916. such ap- 
plicant shall possess not less than six weeks of such instruc- 
tion ; after January i, 1917, not less than twelve weeks of 
such instruction; after January i, 1918, not less than eight- 
een weeks of such instruction ; after January i, 1919, not 
less than twenty- four weeks of such instruction ; after Janu- 
ary I, 1920, not less than thirty weeks of such instruction; 
after January i, 1921, not less than one year of such class 
room instruction, in a recognized school for the training of 
teachers. (106 v. 340.) 

Section 7823. Applicants for a one-year or a three- Professional 
year high school or special certificate shall possess qualifica- S™^of^tp- 
tions in professional traininsf as follows : pHcants for 

'^ one-year or 

1. On and after Januarv ist, iQiSi not less than six three-year high 

, - - . - . - . -^ ^ • 1 1 1 r school or 

weeks of class room mstructiton m a recognized school for special cer- 
the training of teachers. tificate. 

2. On and after January ist, 1916, not less than 
twelve weeks of class room instruction in a recognized 
school for the training of teachers. 

3. On and after January ist, 1917, not less than 
eighteen weeks of class room instntction in a recognized 
school for the training of teachers. 

4. On and after January ist, 1918, not less than 
twenty-four weeks of class room instruction in a recognized 
school for the training of teachers. 

5. On and after January ist, 1919, not less than thirty 
weeks of class room instruction in a recognized school for 
the training of teachers. 



308 



EXAMINERS. 



Training re- 
quired after 
Jan. 1. 1915 
and after 
Jan. 1, 1920. 



Effect of cer- 
tificates of 
other counties. 



Additional test 
to written ex- 
amination. 
When and by 
whom made. 



Temporary 
certificates. 



6. On and after January ist, 1920, and thereafter not 
less than one year of class room instruction in a recognized 
school for the training of teachers. (104 v. 100.) 

Section 7823-1. On and after January ist, 1915, all 
applicants for one-year or a three-year high school or 
special certificate shall have had at least two years' training 
in an approved high school, or its equivalent, and on and 
after January first, 1920, all applicants for high school and 
special certificates shall have certificates of graduatiton 
from a first grade high school or its equivalent. (104 v. 
100.) 

Section 7824. County boards of school examiners at 
their discretion may issue certificates without formal ex- 
aminations to holders of certificates granted by other county 
and city boards of school examiners. (99 v. 350.) 

Section 7825. Every aplicant for a teacher's certifi- 
cate shall be required to take in addition to the written 
examination, to test accademic and professional knowledge, 
a practical test in actual teaching. Such test shall be made 
at any time during the preceding year or before the appli- 
rant receives his certificate, by a member of the board of 
examiners, a local supervisor, a teacher of method or any 
other competent person authorized by the county board of 
school examiners to make such test. Applicants without 
previous teaching experience may be given such class room 
test in the practice department of any recognized summer 
school. The test shall include three subjects of instruction 
unless the applicant desires a special certificate in which case 
three separate tests shall be given in the desired subject. 
Each applicant shall make a satisfactory showing in both 
written and practical tests. The superintendent of public 
instruction shall prescribe the forms for such examination. 
(104 v. 100.) 

Section 7826. Between regular examinations county 
boards of school examiners at their discretion may issue 
temporary certificates which shall be valid only until the 
next regular examination held by such boards after the 
issue of such certificate, and at any regular examination 
such board upon proper application being made, subject to 
the same rules and regulations as applied to the granting 
of regular certificates shall issue temporary certificates 
which shall be valid from the date of issue until the first 
day of September following. (102 v. 418.) 

Temporary certificates shall be valid from the date of taking 
until the first day of September thereafter. 

All regular certificates are to be. issued as of date September 
1. For instance, if an applicant takes an examination in January, 
March, April or May, the certificate which is issued to such ap- 
plicant is to be dated as of the September 1, following the date 
upon which such examination is taken. — Attorney General 
Opinion. 



EXAMINERS. 



309 



Section 7827. No certificate shall be issued to any 
person who is less than eighteen years of age. If at any 
time the recipient of a certificate be found intemperate, 
immoral, incompetent or negligent, the examiners, or any 
two of them, may revoke the certificate; but such recova- 
tion shall not prevent a teacher from receiving pay for 
services previously rendered. Before any hearing is had 
by a board of examiners on the question of the revocation 
of a teacher's certificate, the charges against the teacher 
must be reduced to writing and placed upon the records 
of the board. He shall be notified in writing as to the 
nature of the charges and the time set for the hearing, such 
notice to be served personally or at his residence ; and be 
entitled to produce witnesses and defend himself. The ex- 
amining board may send for witnesses and examine them 
on oath or affirmation which may be administered by any 
member of the board touching the matter under investiga- 
tion. (99 V. 350.) 

The action of the board of examiners in revoking a certificate cannot 
be reviewed by the courts, at least in the absence of a showing of bad faith 
or improper motives: State, ex rel., v. Board of School Examiners, 1 O. N. 
P. 151. 

Section 7828. The fees and the per diem of examin- 
ers for conducting such investigation at three dollars a day 
each and other 'expenses of such trial shall be certified to 
the county auditor by the clerk and president of the ex- 
amining board and be paid out of the county treasury upon 
the order of the auditor. (99 v. 350.) 

No_ applicant who is not eighteen years of age at the time of the 
examination can receive a legal certificate. 

The revocation of a teacher's certificate by the county school examiners 
for intemperance and immorality is not reviewable by the courts. Hence that 
board will not be compelled by mandamus to sign a bill of exceptions setting 
out the evidence on the trial to revoke: 1 N. P. 151. 

The revocation of a certificate is not strictly a judicial proceeding. The 
law which clothes t^he boards of examiners with discretionary power, will pro- 
tect them in the proper use of it. They cannot, of course, be mulcted in 
damages nor removed from office, for refusing to grant a certificate, nor for 
revoking a certificate, in the exercise of this discretion. If malice or other 
undue motive enter into the transaction, however, the candidate has his 
remedy in the courts, and the probate judge may remove any member for 
such cause, as a malfeasance in office — an immorality — one of the causes 
enumerated in the law. 

Notice of revocation should at least be given to the boards of education 
concerned. A person cannot draw pay after his certificate is revoked. 

A certificate cannot be antedated; see Sec. 7817. 

An official trust cannot be delegated; see III Central Law Journal, p. 
472. The board has no authority, therefore, to appoint a substitute to perform 
the duties of any of its members. A certificate depending on the signature 
of such substitute for its validity, is worthless. As all citizens are bound to 
know the law, so candidates and school authorities are bound to know who are 
legal, or. at least, de facto public officers. 



Minimum age 
limit. 



Fees for ex- 
aminers con- 
ducting inves- 
tigation. 



Section 7829. Three kinds of teachers' certificates 
only shall be issued by county boards of school examiners. 
which shall be styled respectively "teacher's elementary 
school certificate," valid for all branches of study in schools 
below high school rank, "teacher's high school certificates, ' 
valid for all branches of study in recognized high schools 
and for superintendents and "teacher's special certificate," 
valid in schools of all grades, but only for the branch or 
branches of study named therein. (97 v. 372.) 



What kind of 
certificates 
shall be « 

issued. 



310 



EXAMINERS. 



Elementary 

certificate; 

branches. 



High school 

certificate; 

branches. 



Section 7830. No person shall be employed or enter 
upon the performance of his duties as a teacher in any ele- 
mentary school suported wholly or in part by the state in 
any village, or rural school district who has not obtained 
from a board of school examiners having legal jurisdiction 
a certificate of good moral character; that he or she is 
qualified to teach orthography, reading, writing, arith- 
metic, English grammar and composition, geography, his- 
tory of the United States, physiology, including narcotics, 
literature and elementary agriculture, and that he or she 
possess an adequate knowledge of the theory and practice 
of teaching. (104 v. 100.) 

A teacher's license is not a contract and is subject to exist- 
ing and reasonable future restrictions. 

Section 7830, General Code, was amended so as to require 
after September 1, 1912, "elementary agriculture" in addition to 
the subjects formerly required, a certificate issued under the 
former law as an "elementary school certificate" and valid for 
"all" branches of study required at that time, can now be con- 
sidered only as a "special certificate" valid as to certain specific 
studies but not for "all" subjects now required. 

The holder of a teacher's c' nentary certificates which was 
issued prior to the amendment above stated and which certificate 
extends beyond Sept. 1, 1912, will be required to take an examina- 
tion in elementary agriculture, in order to teach after Sept. 1, 
1912. 

It would not be legal to place "elementary agriculture" upon 
a teacher's elementary certificate issued prior to the amendment 
aforesaid, after the holder had passed an examination in this 
subject. A special certificate for the added branch may in such 
case be issued however. 

After the amendment and prior to Sept. 1. 1912, elementary 
agriculture should be added as a required branch. 

Former elementary certificates may be renewed only as 
"special certificates." 

A renewal certificate issued after passage of the amendment 
may have "elementary agriculture" included therein provided, both 
the applicant's special certificates which are of the same class, 
including one for "elementary agriculture" and one for all sub- 
jects formerly required, run out of date of contemplated renewal. 

As section 7821, General Code, has been amended so as to 
make all certificates ineffective until the first of September fol- 
lowing, holders of certificates which terminate prior to that date, 
may under section 7826, General Code, be granted temporary cer- 
tificates extending from said date of termination to the first of 
September following. — Attorney General, 1911-12, p. 555. 

Under this section a contract for the employment of a person as teacher 
who has not obtained a teachers' certificate is not invalid if snch certificate is 
/>btained before such person enters upon the performance of the duties of his 
employment: School District v. Dilman. 22 O. S. 194. 

If more than one teacher is employed in a school, the employment of 
one as teacher or superintendent is not rendered invalid by the fact that his 
certificate does not include all the branches which are taught in such school, 
but in the absence of evidence showing that he is emploved to teach the 
branches not included in his certificate, it will be presumed that he teaches 
onlv the branches included in his certificate: State, ex rel., v. Moser, 12 O. 
C. C. 247. 

Section 7831. No person shall be employed or enter 
upon the performance of his duties as a teacher in any rec- 
ognized high school supported wholly or in part by the 
state in any village, or rural school district, or act as a 
superintendent of schools in such district, who has not 
obtained from a board of examiners having legal jurisdic- 



EXAMINERS. 3II 

tion a certificate of good moral character; that he or she is 
qualified to teach six branches or more selected from the 
following course of study (three of which branches shall be 
algebra, rhetoric and physics) : Literature, general history, 
algebra, physics, physiology, including narcotics, Latin, 
German, rhetoric, civil government, geometry, physical 
geography, botany and chemistry, and high school agricul- 
ture; and that he or she possesses an adequate knowledge 
of the theory and practice of teaching. (104 v. 100.) 

Section 7832. No person shall be employed and enter Teacher's 
upon the performance of his duties as a special teacher of c^rtifiLte. 
music, drawing, painting, penmanship, gymnastics, Ger- 
man, French, Spanish, the commercial and industrial 
branches, or any one of them, in any elementary or high 
school supported wholly or in part by the state in any city, 
village, or rural school district, who has not obtained from 
a board of examiners having legal jurisdiction a certificate 
of good moral character that he or she is qualified to teach 
the special branch or branches of study, and, in addition 
thereto, possesses an adequate knowledge of the theory and 
practice of teaching. (104 v. 100.) 

Section 7832-1. A "teacher's emergency certificate" Teacher's 
which shall be valid for one year in any village or rural c^ulcate^ 
school district in the county may be granted by the county 
board of school examiners with the approval of the superin- 
tendent of public instruction to applicants who have had 
one year's experience teaching in the public schools when- 
ever for any reason there is a shortage of teachers in such 
district. (104 v. 100.) 

Section 7832-2. The county board of school exam- Teachers hav- 
iners may at their discretion grant one-year certificates to n"o?maf c^ouVse 
teachers who have completed a one year normal course in n:ay be granted 
any high school or normal school which has been approved dfica^tes!^ 
by the superintendent of public instruction. Such certifi- 
cates shall be valid in any village or rural school district in 
the county in which it is granted and may be renewed for 
one or three years without examination. (104 v. 100.) 

Section 7832-3. The county board of school exam- Graduates of 

iners shall grant one-year certificates to graduates of first schoo^is^may'fe 

grade high schools who have completed in addition to the granted one- 

high schol a one-year professional course in any high school tificates. 
or normal school which has been approved by the superin- 
tendent of public instruction. (104 v. 100.) 

Section 7833. But no person holding a common Recognition 
school life certificate issued by the board of state examiners 
shall be required to have any other certificate to teach in 
the elementary schools of the state, nor be required by any 
board to be examined in any of the branches covered by 
such certificate in orde^ to be granted the teachers' high 
school certificate authorized herein. (97 v. 372.) 



or renewal of 
certificates. 



312 



EXAMINERS. 



Compensation 
of examiners. 



No money can be legally drawn for teaching a day without a certificate, 
and to receive public money illegally is a crime under Sections 7786, 7829-7833. 

The board of education at G., at a regular meeting, tended C. the 
election as superintendent of a school in which branches other than those 
enumerated in the certificate issued to C. by the board of school examiners, 
were taught. C. accepted the employment tendered, and entered upon its 
duties. Held, that this constituted a valid contract, and in the absence of 
proof, other teachers being employed in the school, no presumption arises that 
C. actually taught branches not enumerated in his certificate: 12 C. C. 247. 

As to penalty for bribing or attempting to bribe an officer, see Sec. 
12823. 

Teachers in schools at children'si^'^iomes and in kindergarten schools, 
supported by public funds, must hold certificates. 

Section 7834. Each member of the county board of 
school examiners, except the clerk thereof shall receive ten 
dollars for each examination of fifty applicants or less, 
fourteen dollars for each examination of more than fifty 
applicants and less than one hundred, eighteen dollars for 
each examination of one hundred applicants and less than 
one hundred and fifty, twenty-two dollars for each examin- 
ation of one hundred and fifty applicants and less than 
two hundred, and four dollars for each additional fifty 
applicants, or fraction thereof, to be paid out of the county 
treasury on the order of the county auditor. Books, blanks 
and stationery required by the board of examiners shall be 
furnished by the county board of education. (104 v. 100.) 

Where an examination for the granting of teachers' cer- 
tificates is not held on the date advertised, school examiners who 
attend such meeting and issue temprary certificates are not en- 
titled to anv compensation therefor. — Attorney General, Opinion 
No. 928, 1914. 



Expenses of 
board. 



Section 7835. Such board may contract for the use 
of suitable rooms in which to conduct examinations, may 
procure fuel and light, and employ janitors, to take charge 
of the rooms and keep them in order. Expenses so in- 
curred, shall be paid out of the county treasury on orders 
of the county auditor, who shall issue them upon the cer- 
tificate of the president of the board, countersigned by the 
clerk. (104 V. 100.) 



Annual report 
of clerk; 
bond. 



Section 7836. On or before the first day of September 
in each year, the clerk of such board shall prepare, and for- 
ward to the superintendent of public instruction, a state- 
ment of the number of examinations held by the board, 
the number of applicants examined, the total number of 
certificates granted, and the number for each term men- 
tioned in this chapter, the amount of fees received and 
paid to the county treasurer, the amounts received from 
the county treasury by the members of the board for their 
services, with such other statistics and information in rela- 
tion to the duties of the board as such superintendent 
requires. He shall also deposit with the county auditor a 
bond, with surety to be approved by the auditor, in the 
sum of three hundred dollars, that he will pay into the 
county treasury, monthly, the examination fees received 
by the board, and make the stattistical returns required by 
this chapter. (104 v. 100.) 



EXAMINERS. 3I3 

Section 7837. The county superintendent shall re- No additi9nai 
ceive no additional compensation for his services as clerk a°"derk^^'°"^ 
of the county board of school examiners. (104 v. 100.) 

CITY BOARD OF SCHOOL EXAMINERS. 

Section 7838. There shall be a city board of school City board of 
examiners for each city school district. Such board shall fners*; appoint- 
consist of the city superintendent of schools and two other "^^"*' ^^'■™- 
competent teachers serving full time in the day schools of 
such city to be apointed by the city board of education. 
The term of office of such examiners shall be two years 
each, one to be appointed each year; and shall expire on 
the thirty-first day of August. (104 v. 100.) 



Section 7839. The board of education may revoke Removal and 
any appointment upon satisfactory proof that the appointee vacancies, 
is inefficient, intemperate, negligent, or guilty of immoral 
conduct. When a vacancy occurs in the board, whether 
from expiration of term of office, refusal to serve, or other 
cause, the board shall fill it by appointment for the full or 
unexpired term, as the case demands. Within ten days 
after an appointment, the clerk of the board shall report to 
the superintendent of public instruction the name of the 
appointee, and whether the appointment is for a full or an 
unexpired term. (104 v. 100.) 

Section 7840. Each city board of school examiners standard of 
shall determine the standard of qualification for teachers, for^^leacher". 
and may examine any school in the district when such ex- 
amination is deemed necessary to ascertain a teacher's 
qualifications. But in the examination of applicants and 
the granting of certificates the board must be governed by 
the provisions of this chapter relating thereto. (97 v. 374.) 

Section 7841. To secure a thorough examination of special ex- 
applicants in difficult branches, or special studies, the board aminers. 
may secure the temporary assistance of persons of suf- 
ficient knowledge in such branches or studies, who must 
promise on oath or affirmation, to be administered by the 
clerk of the board of examiners, to perform the duties of 
examiner faithfully and impartially. Superintendents of 
schools shall give to the board all necessary information in 
reference to branches and special studies to be taught, and 
the branches of study and grades of school which teachers 
will be required to teach. (97 v. 374.) 

An expert secured by the board to conduct examinations in 
any particular branch should certify the result of the examination 
to the board; all certificates should be signed by members of the 
board and by such members only. — Attorney General Opinion. 

Section 7842. Each city board of school examiners orRanization 
must organize during the month of September each year by of poard; 

v.'r ',1 .1^. . , •' •', duties of 

cnoosmg trom its members a president, vice-president, and officers; 
clerk. The president shall preside at all the meetings of '=^«''i^'» ^°"d- 



314 



EXAMINERS. 



Meetings for 

examination; 

notice. 



Certificates 
for one and 
three years. 



Certificates 

for five and 
eight years; 
renewals. 



Renewal of 
two and three 
year certifi- 
cates. 



the board, and in his absence the vice president shall pre- 
side. The clerk shall perform all the duties required in 
this chapter of the clerk of the board of county school ex- 
aminers in so far as such duties- apply. He also must give 
bond, in the sum of three hundred dollars with surety to 
be approved by the board of education, conditioned that 
he will perform faithfully the duties required of him by 
this chapter, which bond shall be deposited with the clerk 
of such board. (97 v. 375.) 

Section 7843. Each board of city school examiners 
shall hold not less than two meetings each year, notice of 
which must be published in some newspaper of general 
circulation in the district. All examinations of applicants 
shall be conducted at the meetings of the boards thus called. 
The examination of every applicant must be in the presence 
of at least two members of the board. (97 v. 375.) 

Section 7844. Each city board of school examiners 
may grant teachers* certificates for one year and three years 
from the first day of September following the examination, 
which shall be valid within the district wherein they are 
issued. But certificates granted for one year or three 
years must be regarded as provisional certificates and shall 
be renewed only twice each. (104 v. 100. 

Section 7845. All five-year and eight-year certificates 
now granted shall continue in force until the end of their 
terms and shall be renewed by the superintendent of pub- 
lic instruction upon proof that the holders thereof have 
taught successfully until the time of each renewal. Each 
application for renewal shall be accompanied by a fee of 
fifty cents and shall be filed in the office of the superin- 
tendent of public instruction. (104 v. 100.) 

Under the provisions of Sections 7845 and 7846, General 
Code as amended, 104 O. L., 108, constituting a part of the 
recently adopted school code, the certificates covered by said 
sections may be renewed more than twice for the reason that 
there is no limitation in said sections as to the number of times 
such certificates may be renewed. — Attorney General, Opinion 
1173, 1914. 

Sectioin 7846. All two-year and three-year primary, 
elementary and high schol certificates now granted shall 
continue in force until the end of their terms and may be 
renewed by the city boards of examiners on proof of five 
years successful teaching experience. (104 v. 100.) 

Under the provisions of Sections 7845 and 7846, General 
Code, as amended, 104 O. L., 108, constituting a part of the 
recently adopted school code, the certificates covered by said 
sections may be renewed more than twice for the reason that 
there is no limitation in said sections as to the number of tirnes 
such certificates may be renewed. — Attorney General, Opinion 
No. 1173. 1914. 



EXAMINERS. 315 

Section 7847. County and city boards of school ex- certificates 
aminers at their discretion may issue certificates without ^f^y^^^l formfi 
formal examinations to holders of certificates granted by examination. 
other city and county boards of school examiners. (104 
V. 100.) 

Section 7849. Between regular examinations, city Temporary 
boards of school examiners, at their discretion, may issue certificates, 
temporary certificates, which shall be valid only until the 
next regular examination held by the board after the issue 
thereof. (99 v. 352.) 

Section 7850. No certificates shall be issued to any Minimum age 
person who is less than eighteen years of age, and if at any Ji^n^'o/clnifi- 
time the recipient of a certificate be found interperate, im- cate. 
moral, incompetent or negligent, the examiners, or any two 
of them, may revoke the certificate. But such revocation 
shall not prevent a teacher from receiving pay for srvices 
previously rendered. Before any hearing is had by a board 
of examiners on the question of the revocation of a teach- 
er's certificate, the charges against the teacher must be re- 
duced to writing and placed upon the records of the board. 
He shall be notified in writing as to the nature of the 
charges and the time and place set for the hearing. Such 
notice must be served either personally or at his residence. 
He shall be entitled to produce witnesses and defend him- 
self. The examining board may send for witnesses and 
examine them on oath touching the matter under investi- 
gation, which oath or affirmation may be administered by 
any member of the board. (99 v. 352.) 

Section 7851. The fees and the per diem of examin- pees for ex- 
ers for conducting such investigation, at three dollars a day ^"^cdn'^^ inves- 
each, and other expenses of such trial shall be certified to vestigation. 
the city auditor by the clerk and president of the examining 
board, and be paid out of the city treasury upon the order 
of the city auditor. (99 v. 352.) 

If the board of education of a city district has failed to make a sub- 
stantial compliance with the provisions of a writ of mandamus which requires 
such board to fix the compensation to be paid to a member of a board of 
examiners, and such failure is due to a mistake or misapprehension as to the 
actual facts; and a compensation which is nominal and wholly insufficient has 
been fixed, the court will call upon such board to review its action in the 
light of the facts as found to exist; and the court will see that a fair and 
bona fide attempt is made to comply with the order of the court: State, ex 
rel., V. Board of Education, 4 O. C. C. 93. 

Section 7852. The provisions of this chapter relating Kind of cer- 
to the kinds of certificates authorized to be issued by the {'^^^Vzed ?o b 
county boards of school examiners for teachers in elemen- issued; pro- 
tary schools, high schools, and for superintendents shall ^'^"' 
apply to city boards of school examiners ; except that city 
boards, in their discretion, may require teachers in elemen- 
tary schools to be examined in drawing, music, or German 
if such subjects are a part of the regular work of such 
teachers. (97 v. 376.) 



3i6 



EXAMINERS. 



Compensation 
of members 
and clerk; 
incidental 
expenses. 



Duties of clerk 
of city board 
of school 
examiners. 



Disposition of 

examination 

fees. 



Section 7S53. Each city board of education shall fix 
the compensation of the members of the city board of 
school examiners, the additional compensation of the clerk, 
and the person or persons called to their assistance, fur- 
nish the necessary books, blanks and stationery for their 
use, designate a school building within the district in which 
they shall conduct examinations and cause such building 
to be lighted and heated if necessary. Such compensation, 
and the incidental expenses incurred on account of the 
board of examiners, shall be paid, by order of the board of 
education, from the contingent fund of the district. (97 v. 
37^-) 

Section 7854. The clerk of the city board of school 
examiners shall keep a record of its proceedings, and such 
statistics as the superintendent of public instruction re- 
quires, in the form and manner he requires, and report 
such statistics to him annually, on or before the first day 
of September, (104 v. 100.) 

Section 7855. Such clerk shall pay the examination 
fees received by him to the treasurer of the district within 
ten days after each meeting, and at the same time file with 
the board of education a written statement of the amount, 
also a statement of the number of applicants, male and 
female, examined, the number of certificates granted, and 
for what terms. (104 v. 100.) 

Section 7856. All manuscripts filed as answers to 
questions propounded to any applicant appearing before 
any county or city board of school examiners, shall be 
promptly considered and passed upon by that board to- 
gether with the results of oral tests, if any, and such other 
information as comes to it touching the fitness of any 
applicant for teaching in the public schools. The board shall 
promptly issue all certificates granted to successful appli- 
cants and send notices of failure to those who fail in the 
examination, if such there be. (97 v. 377.) 

Section 7857. All manuscripts filed as answers to 
questions shall be kept on file for sixty days by the mem- 
bers of the examining board. If any applicant has cause to 
and does believe that he has been discriminated against and 
his manuscripts unfairly graded, he may review his manu- 
scripts with the member or members of the board having 
them in charge at any time within sixty days after his re- 
turns from the examination. If after such inspection and 
review, he is still of the opinion that the board will not 
correct the error, if any, and issue his certificate, he may 
appeal his case to the superintendent of public instruction 
for final review. (104 v. 100.) 

How appeal SECTION 7858. Evcry appeal from the board of ex- 

I?^esuit^ *^^^"' aminers shall be in the form of an affidavit setting forth 

the facts as the applicant believes them and shall be ac- 



Consideration 
of applicants' 
answers; issue 
of certificates 
or notice of 
failure. 



Manuscripts 
shall be kept 
on file 60 days; 
review. 



EXAMINERS. 317 

companied by a fee of one dollars to cover the expenses in- 
cident to such appeal. Upon receipt of such affidavit and 
fee the superintendent of public instruction shall require 
the clerk of such board to procure and forward the manu- 
scripts of such applicant, together with a full explanation 
of the reasons for the board's action. If upon examina- 
tion of the manuscripts, and record the superintendent finds 
that the applicant was denied a certificate when one should 
have been granted him and has been discriminated against 
by the board, the superintendent shall order forthwith a cer- 
tificate to be issued of the date of the examination attended 
by the applicant, and he shall indicate the length of time such 
certificate shall be valid. If, upon inspection of the manu- 
script and reviewing the facts submitted, the superintendent 
of public instruction concludes that no injustice has been 
done, he shall so notify the applicant and the clerk of the 
board of examiners. (104 v. 100.) 



CHAPTER 8. 
TEACHERS' INSTITUTES. 



COUNTY INSTITUTES. 



Section 

7859. Organization of county teachers' in- 

stitutes. 

7860. Election of officers; notice; expense. 

7865. Report by county superintendent. 

7868. County boards of education shall de- 
termine whether institute shall be 
held. 

7868-1. When board of education shall pay 
teachers who attended summer 
school. 



Section 

7869. Teachers may dismiss school to attend 

institute. 

7870. Pay for attending institute. 

CITY INSTITUTE. 

7871. Institutes for city districts. 

7872. Expenses of; how provided for. 

7873. When fund in city district to be paid 

into board of education fund. 

7874. Length of session; report to superin- 

tendent. 



Organization 
of county 
teachers' in- 
stitutes. 



Election of 
officers; notice, 
expense. 



Report by 
county super- 
intendent. 



Section 7859. A teachers' institute may be organized 
in any county, by the association of not less than thirty 
practical teachers of the common schools residing therein, 
who must declare their intention in writing to attend such 
institute, the purpose of which shall be the improvement 
of such teachers in their profession. (95 v. 237.) 

There is no provision in the statutes for the payment of a 
registration fee by teachers who attend a county institute and 
none can therefore be compelled. Registration may be. required 
by the rule of the institute however, and there is no objection to 
the payment of a voluntary fee therefore, should teachers desire 
to contribute the same, — Attorney General, 1912, p. 494. 

Section 7860. The county teachers' institute, annually, 
shall elect by ballot, a president and a secretary. Such 
election of officers shall be held during the session of such 
institute and at a time fixed by the county board of educa- 
tion. At least three days' notice of the election shall be 
given the members of such institute by posting conspic- 
uously in the room, where the institute is held, a notice of 
the time and place of holding it, and of the officers to be 
voted for. The expenses of conducting such institute shall 
be paid out of the county board of education fund upon the 
order of the president of the county board of education. 
(104 V. 155.) 

The county surveyor is not entitled to remuneration for 
services performed under Section 4736, General Code. — Attorney 
General, Opinion No. 147, 1915. 

Section 7865. Within five days after the adjournment 
of the institute, the county superintendent shall report to the 
superintendent of public instruction the number of teachers 
in attendance, the names of instructors and lecturers at- 
tending, the amount of money received and disbursed by 
the county board of education and such other information 
relating to the institute as the superintendent of public 
instruction requires. (104 v. 155.) 

818 



TEACHERS INSTITUTES. 



319 



A teacher attending a county institute may receive com- 
pensation for acting as secretary, as provided for by Section 
7866 of the General Code and for making the report as required 
by Section 7865. Such teacher is also entitled to the compensa- 
tion provided for in Section 7870 of the General Code. — At- 
torney General, Opinion No. 850, 1914. 

Teachers v^^ho are teaching in city school districts are not 
entitled to compensation when attending county teachers' insti- 
tutes, when the board of education of the city school district 
wherein such teachers are teaching provides a city teachers' insti- 
tute for the teachers of its district. 

If a teacher who is teaching in a city school district wherein 
a city teachers' institute is provided, attends the county institute, 
and such teacher acts as secretary, then such teacher is entitled 
to the compensation provided for under Section 7866, General 
Code. — Attorney General, Opinion No. 1084, 1914. 

Section 7868. The teachers' institutes of each county 
shall be under the supervision of the county boards of edu- 
cation. Such boards shall decide by formal resolution at 
any regular or special meeting held prior to February ist 
of each year whether a county institute shall be held in the 
county during the current year. (104 v. 155.) 

Section 7868-1. Each village and rural boards of edu- 
cation in counties in which no county institute has been 
held in any year, shall pay ten dollars to each teacher em- 
ployed by such board, who has attended for at least six 
weeks during such year, a recognized summer school for 
the training of teachers. (104 v. 155.) 



County boards 
of education 
shall determine 
whether insti- 
tute shall be 
held. 



When boards 
of education 
shall pay 
teacher who 
attended 
summer school. 



Section 7869. All teachers and superintendents of Teachers may 
the public schools within any county in which a county in- fd^^uend'^h?^' 
stitute is held while the schools are in session may dismiss stitute. 
their schools for the purpose of attending such institute. 

The county boards of education shall decide the length Time institutes 
of time county institutes may remain in session, in no ^Isiom™^^" '" 
case for longer period than five days. At least one day 
of such such session shall be under the immediate direction 
of the county superintendent who shall arrange the program 
for such day. (104 v. 155.) 

Section 7870. When a teachers' institute has been au- p^y f^^ at- 
thorized by the county board of education the boards of ^^f^"^^ ^"" 
education of all school districts shall pay the teachers and 
superintendents of their respective districts their regular 
salary for the week they attend the institute upon the teach- 
ers or superintendents presenting certificates of full regular 
daily attendance, signed by the county superintendent. If 
the institute is held when the public schools are not in ses- 
sion, such teachers or superintendents shall be paid two 
dollars a day for actual daily attendance as certified by the 
county superintendent for not more than five days of 
actual attendance, to be paid as an addition to the first 
month's salary after the institute, by the board of educa- 
tion by which such teacher or superintendent is then em- 
ployed. In case he or she is unemployed at the time of the 



320 TEACHERS INSTITUTES. 

institute, such salary shall be paid by the board next em- 
ploying such teacher or superintendent, if the term of em- 
ployment begins within three months after the institute 
closes. (104 V. 155.) 

Before a teacher may be entitled to $2,00 per day for at- 
tendance at an institute as provided by section 7870, General Code, 
he must have attended such institute at least for four days, and 
the rule is the same whether during such attendance school is in 
session or not. 

A teacher cannot be compelled to do janitor work by the 
board of education unless under the terms of a special contract 
with said teacher and providing for extra compensation therefor. 

Section 7610 provides for relief through the county commis- 
sioners, where the board fails to provide janitor service. — At- 
torney General, 1911-12, p. 201. 

Where a teacher entered into a contract with the board of 
education for forty-five dollars to include compensation for at- 
tending teacher's institute, making out reports, etc., he cannot 
receive extra compensation from the board for attendance at 
such institute. — Attorney General, 1911-12, p. 1063. 

There is no provision in the statutes for the payment of a 
registration fee by teachers who attend a county institute and 
none can therefore be compelled. Registration may be required 
by the rule of the institute however, and there is no objection 
to the payment of a voluntary fee therefore, should teachers 
desire to contirbute the same. — Attorney General, 1912, p. 494. 

Section 7870, Geneeral Code, providing for compensation to 
teachers for attendance at a teachers' institute, requires as a con- 
dition precedent to reimbursement, a certificate of actual daily 
attendance and as such certificate could not be given to a teacher 
who is in attendance at a summer school while the county in- 
stitute is in session, he may not receive the institute attendance 
fee. — Attorney General, 1912, p. 1756. 

A board of education is not to be denied state aid by reason 
of the fact that it pays authorized expenses other than teachers' 
salaries out of the tuition fund, such as Superintendent's salary 
and institute fees. » 

The amount of State Aid allowed, however, shall not ex- 
ceed such sum as is necessary to make teachers' salaries equal 
to $40.00 per month. — Attorney General, 1912, p. 98. 

Under the decisions interpreting the same, it is compre- 
hended by section 7870, General Code, that teachers should be 
allowed payment for attendance at the teachers' institute (1) 
when such teacher is employed at the time of attendance at such 
institute, (2) when a ' teacher, though not employed at such 
time, is employed within three months subsequent thereto. There- 
fore, when a board of education of a township school district, 
prior to the teachers' institute of 1912, hired a teacher then hold- 
ing a temporary certificate to teach school, and was obliged to 
dismiss said teacher upon the termination of said certificate, and 
employ another in the place, under section 7870, General Code, 
both of said teachers should be allowed compensation therein pro- 
vided, in addition to their regular salary for attendance at such 
teachers' institute. — Attorney General, 1913, p. 1082. 

Teachers who are teaching in city school districts are not 
entitled to compensation when attending county teachers' insti- 
tutes, when the board of education of the city school district 
wherein such teacheres are teaching provides a city teachers' in- 
stitute for the teachers of its district. 

If a teacher who is teaching in a city school district wherein 
a city teachers' institute is provided, attends the county institute, 
and such teacher acts as secretary, then such teacher is entitled 
to the compensation provided for under Section 7866, General 
Code. — Attorney General, Opinion No. 1084, 1914. 



TEACHERS INSTITUTES. 321 

A teacher attending a county institute may receive com- 
pensation for acting as secretary, as provided for by Section 7866 
of the General Code and for making the report as required by 
Section 7865. Such teacher is also entitled to the compensation 
provided for in Section 7870 of the General Code. — Attorney 
General, Opinion No. 850, 1914. 

Where a board of education has employed teachers for the public 
schools of the district for the school year next ensuing thereafter, and such 
teachers, during vacation and after their employment, attend the county insti- 
tute during the week it is held in the same county, said board is authorized 
by the provisions of this section, to pay them for the institute week as an 
addition to their first month's salary as fixed by the terms of their employ- 
ment, and at the same rate, on presentation of the certificates prescribed by 
this section: Beaverstock v. Board of Education, 75 O. S. 144. 

In a contract between the board of education and a teacher, under 
which the teacher was to teach an eight months* term of school at forty-five 
dollars per month, was included a stipulation that such teacher would not 
exact, demand or accept pay for attending the teachers' institute. It was held 
that such stipulation is against public policy and void, and in an action for 
the purpose the teacher can recover the sum fixed by statute for such attend- 
ance: Board of Education v. Burton, 11 O. C. C. (N. S.) 103. 

A teacher in the public schools may recover compensation for attending 
the teachers' institute, although it is held in the summer vacation, if such 
teacher was actually engaged in teaching or began teaching three months after" 
such institute closed: Reid v. Board of Education, 6 O. N. P. (N. S.) 526. 

(House Bill No. 687.) 

The boards of education of all school districts are payment of 
hereby authorized to pay teachers who attended the county ^^tteided '''''' 
teachers' institutes during the year 1914 such amounts and institutes. 
in such manner as provided in section 7870 of the General 
Code prior to its amendment of February 17, 1914, or as 
amended February 17, 19 14. 

All payments heretofore made by boards of educa- 
tion to teachers for such attendance at teachers' institute 
during the year 1914 are hereby declared to be legal and 
valid and all boards and officers making such payments 
are hereby relieved from any liability therefor. (106 v. 
SS8.) 

Section 7871. The board of education of each city institutes for 
schol district may provide for holding an institute yearly ""'^^ districts. 
for the improvement of the teachers of the common schools 
therein. General meetings of the teachers of a city dis- 
trict held upon not less than four days in any year, whether 
consecutive days or not, for the purpose of instruction, 
shall constitute a teachers' institute for a city district within 
the meaning of this section. (97 v. 378.) 

Teachers who are teaching in city school districts are not 
entitled to compensation when attending county teachers' insti- 
tutes, when the board of education of the city school district 
wherein such teacliers are teaching provides a city teachers' insti- 
tute for the teachers of its district. 

If a teacher who is teaching in a city school district wherein 
a city, teachers' institute is provided, attends the county institute, 
and such teacher acts as secretary, then such teacher is entitled 
to the compensation provided for under Section 7866, General 
Code. — Attorney General, Opinion No. 1084, 1914. 

Section 7872. The expenses of such institute shall Expenses of, 
be paid from the city institute fund hereinbefore provided ^^^ provided 
for. In addition to this fund the board of education of 
any district annually may expend for the instruction of the 
teachers thereof, in an institute or in such other manner as 

rrr 21 s. I.. 



322 



TEACHERS INSTITUTES. 



When fund in 
city district to 
be paid into 
board of edu- 
cation fund. 



Length of ses- 
sion; report 
of super- 
intendent. 



it prescribes a sum not to exceed five hundred dollars, to 
be paid from its contingent fund. (97 v. 378.) 

By virtue of the powers conferred in 7872, General Code, a 
board of education may pay the transportation and expenses of 
teachers in visiting schools of other cities. — Attorney General, 
1911-12. p. 275. 

The expenses of a teacher, appointed by the board of educa- 
tion as delegate to the educational congress at Columbus, De- 
cember 5. 1913, may not legally be paid out of the township, 
village, or special school district treasury. 

When a teacher is appointed by a board of education of a 
city district, such expense may not be paid from the school 
treasury, nor can the expenses of members of a board of educa- 
tion to such convention be paid out of the cit}^ fund. The ex- 
penses of persons not members of a board of education or 
teachers, incurred in attending the above named congress, may 
not be paid from the school fund. Before such expenses can 
be paid, an appropriation for this purpose must be made by the 
legislature. — Attorney General, 1913, p. 416. 

Section 7873. If the board of a district does not 
provide for such institute in any year, it shall cause the 
institute fund in the hands of the district treasurer for the 
year to be paid to the treasurer of the county wherein the 
district is situated, who shall place it to the credit of the 
county board of education fund. The teachers of the 
schools of such district in such case, shall be entitled to the 
advantages of the county institute, subject to the provisions 
of sections seventy-eight hundred and sixty-nine, and 
seventy-eight hundred and seventy. The clerk of the board 
shall make the report of the institute required by section 
7874. (104 V. 155.) 

Section 7874. All institutes held under the provisions 
of this chapter shall continue at least four days. A report 
of the institute held in pursuance of the provisions of sec- 
tions seventy-eight hundred and seventy-one and seventy- 
eight hundred and seventy-two shall be made to the super- 
intendent of public instruction within five days after the 
adjournment thereof. It must state the number of teachers 
in attendance, the names of the instructors and lecturers, the 
total expense of the institute, the portion thereof paid from 
the institute funds, and such other information relating to 
the institute as the superintendent requires. (104 v. 225.) 



CHAPTER 9. 
TEACHERS' PENSIONS. 



Section 

7875. Trustees of school teachers' pension 

fund. 

7876. Election of board of trustees. 

7877. Provision for creation of school teach- 

ers' pension fund. 

7878. Donations, bequests, etc. 

7879. Investment of funds; payment of pen- 

sions. 

7880. Retirement and pension of teachers. 

7881. Meaning of term "teacher." 

7882. Teachers entitled to pension. 

7883. Amount of pension. 

7884. Who not entitled to pension. 

7885. How, _ when fund insufficient to pay 

pensions. 



Section 



7886. 

r887. 



7S89. 
7890. • 
789]. 
7892. 

7893. 
7894. 

7895. 
789C. 



Use of principal and income. 

Pension exempt. 

Monthly certifications of deductions 

from salaries. 
Who custodian of fund. 
Duties. 

Provisions for refunding. 
Heirs, legatees or assigns of deceased 

teacher entitled to half amount paid. 
Rules and regulations. 
Monthly payments to be made by 

board. 
Payments from contingent fund. 
Transfer of existing funds. 



The provisions of the statutes providing for exemption from 
taxation of institutions of purely charity, is intended to apply to 
private institutions as distinguished from an official or public 
agency. Inasmuch as the board of trustees of a teachers' pension 
fund constitutes a public agency rather than a private corpora- 
tion, pension funds may not be exempted from taxation under 
this head. 

Under article 12, section 2, of the constitution, the legisla- 
ture would be empowered to exempt such funds under the 
provisions for the exemption of "public property used exclusively 
for any public purpose." Not having done so, however, such 
pension funds must be held to be technically subject to taxation. 
— Attorney General, 1913, p. 470. 

Section 7875. When the board of education of a Trustees of 
school district by resolution, adopted by a majority vote of school teach- 
the members thereof, declares that it is advisable to create fund.^^"^'°" 
a school-teachers' pension fund for that school district, 
such fund shall be under the management and control of a 
board to be known as '* the board of trustees of the school- 
teachers' pension fund" for such district. Such board shall 
be composed of not less than three, nor more than seven 
members, as the board of education by resolution declares. 
If composed of less than five a member of the board of 
trustees of such pension fund shall be elected by the board 
of education of such school district, and the remaining 
members by the teachers of the public schools, including the 
teachers of any high schools, of such district, who have 
accepted the provisions hereinafter provided. If such board 
is to be composed of five or more members, two members 
of the board of trustees of such school district shall be 
elected by the board of education thereof, and the remain- 
ing members by the teachers of the public schools, including 
the teachers of any high school of such school district, who 
have accepted such provisions. (95 v. 610.) 

A former statute creating a pension fund in cities of the second grade 
of the first class, and providing for a compulsory deduction from the compen- 

323 



324 



TEACHERS PENSIONS. 



Election of 
board of 
trustees. 



Provision for 
creation of 
school teach- 
ers' pension 
fund. 



sation of the teacher, was held to be unconstitutional as special legislation: 
State, ex rel., v. Kurtz, 21 O. C. C. 261. 

A statute providing for a pension fund for teachers in cities of the third 
grade of tlie lirst class was held to be unconstitutional in State, ex rel., v. 
Hubbard, 22 O. C. C. 252. 

Section 7876. The election of the members of such 
board by the teachers shall be at a meeting called by the 
superintendent of schools of such school district, the first 
election to be at a meeting to be called by the superintend- 
ent when one-third of the public school teachers of such 
school district have accepted the provisions of this chapter. 
Members of the board of trustees of such pension tund 
shall be elected for such length of time as the board of edu- 
cation of the school district by resolution declares, to serve 
not less than one, nor more than three years. They shall 
serve until their successors are elected and qualified, and 
without compensation. (95 v. 610.) 

Section 7877. When the board of education of any 
school district has declared the advisability of creating a 
school teachers' pension fund, its clerk shall notify each, 
teacher in the public schools and high schools, if any, of 
the school district, by notice in writing of the passage of 
such resolution, and require the teachers to notify the board 
in writing within thirty days from the date of such notice 
whether they consent or decline to acecpt the provisions 
of law for creating such a fund; but teachers who, prior 
to the first day of July, 191 1, were in the employ of a board 
of education which has created such a fund under this law 
shall not be denied the right of accepting the provisions 
hereof before the first day of January, 1912. After the 
election of the board of trustees herein provided for, two 
dollars ($2.00) shall be deducted by the proper officers 
from the monthly salary of each teacher who accepted such 
provisions, and from the salary of all new teachers such 
sum to be paid into and applied to the credit of such pen- 
sion fund; and such sum shall continue so to be deducted 
during the term of service of such teacher. 

All persons employed for the first time as teachers by 
a board of education which has created such a pension fund 
shall be deemed new teachers for the purpose of this act, 
but the term new teachers shall not be construed to include 
teachers serving under reappointments. New teachers shall 
by accepting employment as such accept the provisions of 
this act and thereupon become contributors to said pension 
fund in accordance with the terms hereof. And tlie pro- 
visions of this act shall become a part of and enter into 
such contract of employment. (102 v. 445.) 

Held to create a mutual contract in the nature of insurance; hence 
all terms should be given a fair interpretation, without favor, and where one 
does not come within the express terms there is no reason to strain them to 
include him: 7 O. C. C. (N. S.) 337. * 

The teachers' pension act only applies to persons who were teachers^ at 
the time of the enactment of the law, or who have taught at some period 
since its enactment. 

A teacher who has rejected the provisions of the pension 
act may accept the same within sixty days after a new appoint- 
ment by the board of education. — Attorney General Opinion. 



TEACHERS^ PENSIONS. 3^5 

A board of education should deduct from the salary of a 
teeacher only a proportionate part of the $2.00 for a pension 
fund when such teacher begins her service during the month, or 
resigns before the entire month's service has been rendered. — 
Attorney General, Opinion No. 106, 1915. 



Section 7878. All moneys received from donation, Donations, be- 
legacies, gifts, bequests, or from any other source, shall ^"ests, etc. 
also be paid into such fund, or into a permanent fund. If 
paid into a permanent fund, only the interest thereof shall 
be applied to the payment of pensions. (102 v. 445.) 

One who has paid in money to a pension fund, created under tuiconstitu- 
tional legislation, will be restored to his former position by a court of equity: 
Venable v. Schafer, 7 O. C. C. (N. S.) 337. 

I 

Section 7879. Such board of trustees may invest investment of 
such pension fund in the name of the board in bonds of the funds; pay- 
United States, or of the state of Ohio, or of any county, Jlln^ions. 
or municipal corporation, or school district in this state ; and 
may make payments from such fund for pensions granted 
in pursuance of the laws relating thereto. The board of 
trustees from time to time also may make and establish such 
rules and regulations for the administration of the fund as 
they deem best. (95 v. 610.) 

Section 7880. Such board of education of such school Retirement 
district, and a union, or other separate board, if any, '^y '^"^'fi- 
having the control and management of the high schools of 
such district ; may each by a majority vote of all the mem- 
bers composing the board on account of physical or mental 
disability, retire any teacher under such board who has 
tkught for a period aggregating twenty years. One-half 
of such period of service must have been rendered by such 
beneficiary in the public schools or high schools of such 
school district, or in the public schools or high schools of 
the county in which they are located, and the remaining 
one-half in the public schools of this state or elsewhere. 
(lOi V. 306.) 

1st. If a teacher is forced to retire by virtue of the pro- 
visions contained in Section 7880, General Code, and comes within 
the provision of said section as to the length of time such teacher 
has taught, then such teacher can teach in other public schools of 
the state than the one from which such teacher has retired, or in 
the public institutions of the state, and continue to draw her 
pension. The same rule applies when a teacher voluntarily retires. 

2nd. If a teacher requests to be retired under Section 7880, 
General Code, and after drawing one month's pension, she may 
marry and still continue to draw her pension the remainder of 
her natural life. — Attorney General, Opinion No. 869, 1914. 

For a discussion of the policy of the legislature with reference to 
teachers' pension fund, see Reid v. Board of Education, 6 O. N. P. (N. 
S.) 526. 

Section 78S1. The term "teacher" in this chapter -^^^^-^^ ^^ 
shall include all teachers regularly employed by either of term 
such boards in. the day schools, including the superintendent ^^^^^^^"^ ■ 
of schools, all superintendents of instruction, principals, 
and special teachers, but in estimating years of service, 
only service in public day schools or day high schools, sup- 



326 



TEACHERS PENSIONS. 



Voluntary 
retirement. 



ported in whole or in part by public taxation, shall be con- 
sidered. (98 V. 157.) 

In order to be entitled to a pension, a teacher must have 
served thirty years of actual teaching, and a leave of absence 
granted to such teacher cannot be counted as service for fixing 
the amount of pension paid to such teacher under the provisions 
of Section 7883, General Code, whether the same be granted be- 
cause of ill health or not. — Attorney General, Opinion No. 917, 
May 6, 1914. 

For a discussion of the policy of the legislature with reference to 
teachers' pension fund, see Reid v. Board of Education, 6 O. N. P. (N. S.) 52G. 

Section 7882. Any teacher may retire and become, 
a beneficiary under this chapter who has taught for a period 
aggregating thirty years. But one-half of such term of 
service must have been rendered in the public schools or in 
the high schools of such school district, or in the public 
schools or high schools of the county in which the district 
is located, and the remaining one-half in the public schools 
of this state or elsewhere. (loi v. 306.) 

1st. If a teacher is forced to retire by virtue of the pro- 
visions contained in Section 7880, General Code, and comes within 
the provision of said section as to the length of time such teacher 
has taught, then such teacher can teach in other public schools 
of the state than the one from which such teacher has retired, 
or in the public institutions of the state, and continue to draw 
her pension. The same rule applies when a teachcF voluntarily 
retires. 

2nd. If a teacher requests to be retired under Section 7880, 
General Code, and after drawing one month's pension, she may 
marry and still continue to draw her pension the remainder of 
her natural life. — Attorney General, Opinion 869, 1914. 

In order to be entitled to a pension, a teacher must have 
served thirty years of actual teaching, and a leave of absence 
granted to such teacher cannot be counted as service for fixing 
the amount of pension paid to such teacher under the provisions 
of Section 7883, General Code, whether the same _ be granted 
because of ill health or not. — Attorney General, Opinion No, 917, 
May 6, 1914. 

Section 7883. Each teacher so retired or retiring 
shall be entitled during the remaining of his or her natural 
life to receive as pension, annually, twelve dollars and fifty 
cents for each year of service as teacher, except that in no 
event shall the pension paid to a teacher exceed four hun- 
dred and fifty dollars in any one year. Such pensions 
shall be paid monthly during the school year. (loi v. 306.) 

In order to be entitled to a pension, a teacher must have 
served thirty years of actual teaching, and a leave of absence 
granted to such teacher cannot be counted as service for fixing 
the amount of pension paid to such teacher under the provisions 
of Section 7883, General Code, whether the same be granted be- 
cause of ill health or not. — Attorney General, Opinion No. 917, 
May 6, 1914. 

Who not en- SECTION 7884. No such peusiou shall be paid until the 

titled to teachers contributes, or has contributed, to such fund a sum 

pension. equal to twenty dollars a year for each year of service 

rendered as teacher, but which sum shall not exceed six 



Amount of 
pension. 



TEACHERS PENSIONS. 32/ 

hundred dollars. Should any teacher retiring be unable to 
pay the full amount of this sum before receiving a pension, 
in paying the annual pension to such retiring teacher, the 
board of trustees must withhold on each month's payment 
twenty per cent, thereof, until the amount above provided 
has been thus contributed to the fund. (98 v. 157.) 

It is not compulsory for a teacher, even if financially able, 
to pay the entire sum of six hundred dollars, before being eligible 
to receive a pension under the pension act. The wording of this • 
act makes the payment of this fund discretionary with such 
teacher. 

This section seems to equalize the burden between teachers 
who have paid for the full term of service and those who have 
not. — Attorney General Opinion. 

In order to be entitled to a pension, a teacher must have 
served thirty years of actual teaching, and a leave of absence 
granted to such teacher cannot be counted as service for fixing 
the amount of pension paid to such teacher under the provisions 
of Section 7883, General Code, whether the same be granted be- 
cause of ill health or not. — Attorney General, Opinion 917, May 
6, 1914. 

Section 7885. If such pension fund at any time be How, when 
insufficient to meet the pensions so provided for, during the |"fe^nt*"to"^'a 
period it is insufficient to make such payment, the amount pensions. 
in such fund shall be prorated between the parties entitled 
thereto. (98 v. 157.) 

For a discussion of the policy of the legislature with reference to 
teachers' pension fund, see Reid v. Board of Education, 6 O. N. P. (N. 
S.) 626. 

Section 7886. Such board of trustees may use both use of prin- 
the principal and income of such fund for the payment of fncome."*^ 
the premiums herein provided for, and the expense thereof, 
but this shall not apply to the principal of moneys received 
from donations, legacies, gifts, bequests, or other such 
sources. (98 v. 158.) 

Section 7887. Before its distribution and payment by Pension 
the board of trustees to the beneficiaries, no part of such exempt, 
pension fund shall be liable to be taken or subjected by any 
writ or legal process against the beneficiary. (98 v. 158'.) 

Section 7888. The clerk of the board of education Monthly cer- 
of such school district, and the clerk of the union board of aJd'ucUo^ns^^ 
high schools, or other separate board having the control from salaries. 
and management of the high schools of the district, if any, 
each shall certify monthly to such board of trustees all 
amounts deducted from the salaries of the teachers as above 
provided, which amounts, as well as all other moneys con- 
tributed to such fund, must be set apart as a special fund 
for the purposes herein specified, subject to the order of 
the board of trustees. Moneys belonging to such fund shall 
be paid only on the order of such board, entered upon its 
.minutes on warrants signed by its president and secretary. 
(95 V. 612.) 



328 



TEACHERS PENSIONS. 



Who custo- 
dian of fund. 



Duties. 



Provisions for 
refunding. 



Heirs, legatees 
or assigns of 
deceased 
teacher en- 
titled to half 
amount paid. 



Rules and 
regulations. 



Monthly pay- 
ments to be 
made by 
board. 



Section 7889. The treasurer of such school district 
shall be the custodian of such pension fund, and keep it 
subject to the order, control and direction of the board of 
trustees. He must keep books of accounts concerning the 
fund in such manner as may be prescribed by such board 
which always shall be subject to the inspection of the board 
of trustees or of any member thereof. Such treasurer shall 
execute a bond to the board of trustees with good and suf- 
ficient sureties in such sum as the board requires, which 
bond shall be subject to its approval, and be conditioned for 
the faithful performance of his duties as custodian and 
treasurer of the board. (95 v. 612.) 

Section 7890. Such treasurer must keep and truly 
account for all moneys and profits coming into his hands, 
belonging to such fund, and at the expiration of his term 
of office pay over, surrender and deliver to his successor 
all securities, moneys and other property of whatsover kind, 
nature and description in his hands or under his control 
as treasurer. For his services he shall be paid not to ex- 
ceed one per cent anually of the amount paid into the fund 
during the year. (95 v. 612.) 

Section 7891. A teacher who resigns, upon applica- 
tion within three (3) months after such resignation takes 
efiFect, shall be entitled to receive one-half of the total 
amount paid by -such teacher into such fund. If at any 
time a teacher who is willing to continue in the service of 
the board of education is not re-employed or is discharged 
before his term of service aggregates twenty years, then 
to such teacher shall be paid back at once all the money he 
or she may have contributed under this law. But if any 
teacher who has taught for a period aggregating twenty 
years is not re-emploved by the board of education, such 
failure to re-employ shall be deemed his retiring, and such 
teacher shall be entitled to a pension according to the pro- 
visions of this act. (102 V. 445.) 

Section 7892. In case of the death of a teacher, the 
heirs, legatees or assigns of the deceased, shall be entitled 
to receive half of the total amount paid by such teacher 
into such fund upon application therefor, with proof of 
claim to the satisfaction of the board of trustees. (95 v. 

613-) 

Section 7893. The board of trustees shall make such 
rules and regulations as it may deem expedient or neces- 
sary for its government ; which must be adopted, and when 
adopted, may be amended, by a vote of not less than two- 
thirds of all tlie members of the board. (95 v. 613.) 

Section 7894. The board of education in any school 
district which has created, or shall create, a teachers' pen- 
sion fund, shall pay monthly into such fund all deductions 
from the salaries of teachers on account of their tardiness 
or absence. (95 v. 158.) 



TEACHERS PENSIONS. 329 

Section 7895. The board of education in any school Payments from 
district which has created, or shall create, a teachers' pen- contingent 
sion fund, semi-annually, shall pay from the contingent 
fund of such school district into such fund, not less than 
one per cent nor more than two per cent of the gross 
receipts of the board raised by taxation, which shall be 
applied to the payment of teachers' pensions, as herein- 
before provided. (98 v. 158.) 

Section 7896. Upon the election and organization of ^^.^j^gf^j. ^^ 
a board of pension trustees under this chapter in any school existing funds, 
district, any school teachers' pension fund heretofore cre- 
ated for such district under any former act shall be trans- 
ferred to the board of trustees created under this chapter 
by the board or persons having control thereof. Bene- 
ficiaries under such transferred fund shall receive pensions 
under this chapter. (98 v. 613.) 



CHAPTER 10. 
NORMAL SCHOOLS. 



Section 

7897. State normal schools; location. 

7898. Maintenance, control, instruction. 

7899. Local tax to aid such school. 



Section 

7900. Question to be submitted to vote. 

7901. When another election may be held. 



State normal 
schools; loca- 
tion. 



Maintenance, 

control, 

instruction. 



Local tax to 
aid such 
school. 



Questions to 
be submitted 
to vote. 



When another 
election may 
be held. 



Section 7897. There are hereby created and estab- 
Hshed two state normal schools to be located as follows : 
One in connection with the Ohio university, at Athens, and 
one in connection with the Miami university, at Oxford. 
(95 V. 45 § I-) 

Section 7898. Boards of trustees of such universities 
shall maintain at their respective institutions a normal 
school which shall be co-ordinate with existing courses of 
instruction, and be maintained in such a state of efficiency 
as to provide proper theoretical and practical training for 
all students desiring to prepare themselves for the work of 
teaching. Such normal schools, in each case shall be under 
the general charge and management of the respective 
boards of trustees of such universities. (95 v. 45 § 2.) 

Section 7899. The trustees of any township in this 
state, in which a normal school is organized and conducted, 
annually may levy a tax, not exceeding two mills on the 
dollar upon all the taxable property of the township for 
the purpose of aiding in the support of such normal school. 
(97 V. 389 § I.) 

Section 7900. Before the tax can be levied, the ques- 
tion of making a levy for such purpose, shall be submitted 
to the qualified electors of the township, at a special or gen- 
eral election to be held therein, due notice of which must 
be given at least twenty days prior to the election, by pub- 
lication in some newspaper of general circulation in the 
township. If a majority of the votes cast at such elction 
upon the question of tax levy is in favor of levying a tax 
then the trustees of the township therafter annually shall 
make the levy and report it to the county auditor for col- 
lection as other taxes to be paid over, when collected, to 
the duly qualified and acting treasurer of the board of trus- 
tees of such normal school. (97 v. 389 § 2.) 

Section 7901. At any time after four years from 
the date of such an election, another election may be pe- 
titioned for and shall be ordered by the trustees of the 
township, if the petition be signed by at least forty per 
cent of the qualified electors of the township. (97 v. 389 

§3-) 

330 



NORMAL SCHOOLS. 



331 



Commission to 
select loca- 
tion; report. 



Section 7901 -i. That the normal school system of Establishment 
the state of Ohio created and established by chapter ten of schoof hi^^ 
the General Code, be extended by the creation and estab- Eastern Ohio, 
lishment of one additional state normal school to be located 
in eastern Ohio, and to be so located as to afford the best 
opportunity possible for all the people to obtain the benefits 
and advantages to be derived from teachers trained both 
theoretically and practically. Such school shall not be lo- 
cated in any city or village which now has a college located 
therein. (106 v. 490.) 

Section 7901-2. Within thirty days after the passage 
of this act the governor shall appoint a commission com- 
posed of five persons, not more than three of whom shall 
be from any one political party and no one of whom shall 
be personally or financially interested in any site determined - 
upon by said commission. Said appointees shall constitute 
a commission with full power and authority to select suit- 
able locations, lands, or lands and buildings and secure op- 
tions on the same as said commission may find necessary 
for the establishment of said normal school and upon such 
terms and conditons as said commission may deem to be 
for the best interests of the state and submit a report of 
their proceedings to the governor for his approval on or be- 
fore the first day of December, 191 5. The members of said 
commission shall serve without compensation but shall be 
paid their reasonable and necessary expenses while in the 
discharge of their official duties and shall serve until the 
appointment and organization of the boards of trustees, 
hereinafter provided. (106 v. 490.) 

Section 7901-3. As soon thereafter as the General Appointment 
Assembly shall appropriate a sufficient amount of money °rustees^ °^ 
for the purchase of said site and the erection of suitable 
buildings thereon, the governor shall appoint by and with 
the advice and consent of the senate five competent per- 
sons who shall constitute a board of trustees for the pro- 
posed normal school in the eastern portion of Ohio. (106 
V. 490.) 

Section 7901-4. The board of trustees shall organ- organization; 
ize imediately after its appointment by the election from f^easuJer 
its members, of a president, a secretary and a treasurer, 
The treasurer, before entering upon the discharge of his 
duties shall give bond to the State of Ohio for the faithful 
performance of his duties and the proper accounting for all 
moneys coming into his care. The amount of said bond 
shall be determined by the trustees, but shall not be for 
less sum than the estimated amount which may come into 
his control at any time. Said bond shall be approved by 
the attorney general. 

Before adopting plans for the buildings of said normal selection of 
school the board shall elect a president of known ability for president. 
the school under its control, who shall have advisory power 
in determining said plans. In planning said buildings, am- 



332 



NORMAL SCHOOLS. 



Corps of 
teachers. 



Purchase of 
site and 
erection of 
buildings. 



rerms of 
members. 



Removals 
and vacan- 
cies. 



pie provisions shall be made for the establishment of a well- 
equipped department for the preparation of teachers in the 
subject of agriculture. 

The board of trustees in connection with the president 
of the normal school shall elect and appoint an able and 
efficient corps of instructors for the said school, provide a 
suitable course of study for the theoretical and practical 
training of students who desire to prepare themselves for 
the work of teaching, fix rates of tuition and provide proper 
equipment. 

Said board shall proceed without unnecessary delay to 
purchase said selected sites, lands and buildings, as the case 
may be, and erect thereon suitable and substantial build- 
ings, or enlarge, reconstruct and properly repair in a suit- 
able and substantial manner such building or buildings, if 
any there be, and complete said buildings as soon as con- 
ditions will permit. And said board of trustees shall do 
any and all things necessary for the proper maintenance 
and successful and continuous operation of said normal 
school and may receive donations of lands and moneys for 
the purpose of said normal school. 

The governor when appointing said board of trustees 
shall designate one member of the board to serve one year, 
one to serve two years, and one to serve three years, one 
to serve four years and one to serve five years and there- 
after one trustee shall be appointed annually for five years 
for the control and management of said normal school. 
They shall serve without compensation other than their 
reasonable and necessay expenses while engaged in the 
discharge of their official duties. Not more than three 
members of the board shall be selected from any one polit- 
ical party. (io6 v. 490.) 

Section 7901-5. The governor .shall have power to 
remove for just cause any appointees herein named, when, 
in his judgment, he deems it necessary, and shall fill all 
vacancies that may occur. (106 v. 490.) 



CHAPTER II. 
COLLEGES AND UNIVERSITIES. 



Section 

MUNICIPAL UNIVERSITIES, ETC. 

7902. Powers of board of directors. 

7903. City solicitor to act as attorney. 

7904. When board may confer degrees. 

7905. University defined. 

7906. Council may provide site for munici- 

pal university. 

7907. How such grant changed. 

7908. Tax levied. 

7909. When levy to be made. 

7910. Municipal university. 

7911. Issue of bonds. 

7912. Disposal of bonds. 

7913. Power and control vested in directors. 

7914. Duties of trustees of sinking fund. 

7915. Board of directors of educational in- 

stitution may accept educational 
trusts. 
7915-1. Exemption from taxation. 

7916. How trust funds to be applied. 

7917. Trusteeship to invest in city, etc. 

7918. Account of receipts and expenditures 

of endowment fund. 

7919. How funds invested. 

7920. Citizens not to be charged for admis- 

sion of children. 

7921. Board of education to have control 

and management of property held in 
trust for educational purposes. 

7922. Tax levy. 

STATE UNIVERSITIES GENERALLY. 

Declaration of policy of state with re- 
spect to Ohio state university, Ohio 
luiiversity and Miami university. 

Tax levy for support of Miami uni- 
versity. 

Tax levy for support of Ohio univer- 
sity. 

Tax levy for support of normal school 
at Ohio university. 

Tax levy for support of normal school 
at Miami University. 

Levy for Bowling Green normal school. 

Levy for Kent normal school. 

How much money shall not be ex- 
pended. 

Tax levy for support of Ohio state 
university. 

Tuition. 

Inspection of accounts. 

OHIO UNIVERSITY. 

Providing for ?ale of university lands. 
Owner to receive deed; form of. 
Validity of such deed. 
Registry of deed, etc., to be kept. 
Proceeds to be deposited in state 

treasury, and become irreducible 

trust fund. 
Deposit of money. 
Levy and collection of state tax upon 

lands donated to Ohio university. 
Tax in lieu of rents; tax collected 

from railroad companies. 

MIAMI UNIVERSITY. 

Appointment of trustees. 
Annual report. 

Duty of standing committee on col- 
leges and universities. 



Section 

7941-1. Deposit of donations and bequests, 
when converted. 

OHIO STATE UNIVERSITY. 



7923. 

7924. 

7925. 

7920. 

7927. 

7927-i 
7927- 
7928. 

7929. 

7930. 
7931. 



7932. 
7933. 
7934. 
7935. 
7936. 



7936-1. 
7937. 



7938. 



7939. 
7940. 
7941. 



7942. 

7943. 
7944. 
7945. 
7946. 
7947. 
7948. 
7949. 

7950. 
7950-1. 

7950-2. 



7951. 
7952. 



7953. 



7954. 
7954-1. 



7955. 
7955-1. 



7955-2. 
7955-3. 



7956. 
7957. 

7958. 
7959. 
7960. 
7961. 
7961-1. 

7961-2. 
7961-3. 



7961-4. 

7961-5. 

7962. 
7963. 
7964. 
7965. 

7965-1. 

7966. 

7967. 
7968. 

7969. 
7970. 
7971. 
7972. 

7973. 
7974. 



Appointment of trustees; term, com- 
pensation, etc. 

Style and power of trustees. 

Officers of the board. 

Bond of treasurer; where filed. 

Meetings of board. 

Annual report of trustees. 

Board may make rules and regulations. 

Election of president, professors, etc., 
and course of instruction. 

Property, expenses, etc. 

High school on campus of Ohio state 
university. 

Permission to the alumni of Ohio 
state university to present dormitory 
buildings and authorize trustees to 
enter into contract for such purpose. 

Board may receive devises of land, etc. 

Title of lands to be vested in the 
state, etc. 

Attorney-general to be legal adviser 
of the board. 

Who admitted as pupils, lectures. 

Establishment of colleges of medicine 
and dentistry in Ohio state univer- 
sity. 

Branches prescribed. 

Authority to establish university ex- 
tension division; purposes. 

Further purposes. 

Supervise and carry on discussions, 
investigations, etc., of questions of 
public interest. 

Duties of board as to cereals, etc. 

Collections of specimens of geology, 
etc. 

Department of ceramics. 

Special instruction therein. 

Laboratory. 

Expert. 

Establishment of engineering experi- 
ment station at Ohio state university. 

Purposes of station. 

Board of trustees shall have control; 
administrative and fiscal officers, 
terms. 

Laboratories and equipment of college 

available for use. 
Station shall nolf conducted for. gain 

or advertisement of O. S. U. 
Establishment of a school of mines. 
Employment and duties of instructors. 
Written analysis of fertilizers. 
State sealer and standards of weights 

and measures. 

Confiscation of false weights and 
measures. 

Copies of standards for use of coun- 
ties. 

Device on county standards. 
■ Like copies to be furnished to cities 
and villages. 

Expenses. 

Inspection of gas and meters. 

Funds from sale of land scrip. 

Investment of interest of "scrip 
fund." 

Coun>ty schools. 

Instruction by mail. 



333 



334 



COLLEGES AND UNIVERSITIES. 



Section 

WILBERFORCE UNIVERSITY. 

7975. Normal and industrial department. 

7976. Board of trustees. 

7977. Choosing of trustees by , university 

board. 

7978. Vacancies. 

7979. Names of trustees tu be certified to 

governor. 



Section 

7980. Meetings of trustees; their expenses. 

7981. Powers and duties of trustees. 

7982. Non-sectarian character of department. 

7983. Bond of treasurer. 

7984. Annual report, and estimate of appro- 

priations. 

7985. Designation of pupils by members of 

general assembly. 

7986. Levy for Wilberforce University. 



Powers of 
board of 
directors. 



Deeds. 



By-laws. 



MUNICIPAL UNIVERSITSIES, ETC. 

Section 7902. As to all matters not herein or other- 
wise provided by law, the board of directors of a municipal 
university, college or institution, shall have all the author- 
ity, power and control vested in or belonging to such 
municipal corporation as to the sale, lease, management and 
control of the estate, property and funds, given, transferred, 
covenanted, or pledged to such corporation for the trusts 
and purposes relating thereto, and the government, con- 
duct and control of such university, college or institution. 
It may, unless prohibited by the terms of the trust un- 
der which such estate or property is held, sell, or lease 
perpetually or for any less period and with or without a 
-privilege of purchase, at a fixed price, any part of the whole 
of any such estate or property, and on sale, or on an election 
to purchase under a lease containing a privilege to pur- 
chase as aforesaid, convey or transfer such estate or prop- 
erty, and if heretofore any lease with the privilege of pur- 
chase at a fixed price shall have been executed and de- 
livered by said board, or any board preceding it in office, 
for any part or the whole of any such estate or property, 
said board shall on an election to purchase such lease con- 
vey such permises. All instruments affecting real estate 
shall be executed on behalf of the board by such of its 
officers as it shall designate by resolution, authorizing the 
execution of such instrument and all deeds so executed 
shall convey all the title of said board and of such mu- 
nicipal corporation in and to the real estate so conveyed ; 
it may appoint a clerk and all agents proper and necessary 
for the care and administration of the trust property, and 
the collection of the income, rents, and profits thereof; ap- 
point the president, secretaries, professors, tutors, instruc- 
tors, agents, and servants necessary and proper for such 
university, college or institution, and fix their compensa- 
tion ; provide all the necessary buildings, books, apparatus, 
means and appliances, and pass such by-laws, rules and 
regulations concerning the president, secretaries, professors, 
tutors, instructors, agents and servants and the admission, 
government and tuition of students, as it deems wise and 
proper, and by suitable by-laws, delegate and commit the ad- 
mission, government, management and control of the stu- 
dents, courses of studies, discipline and other internal af- 
fairs of such university, college or institution, to a faculty 
which the board appoints from among the professors. (lOi 
V. 237.) 

This and the following provisions are constitutional: State, ex rel., v. 
Toledo, 13 O, C, D, 327. 



COLLEGES AND UNIVERSITIES. 335 

The erection of a house for the president of the university of_ Cincinnati 
was held to be a proper exercise of university function: Cincinnati v. Jones, 
16 O. D. (N. P.) 343. 

The courts cannot control the conduct of the board of directors in mat- 
ters which are entrusted by law to their discretion, upon the ground that they 
are acting unwisely: State, ex rel., v. Schauss, 3 O. C. C. (N. S.) 388. 

A board of directors which is appointed under this section, or which 
acts under G. C. Sec. 7921, is not a corporation, but is a legal body upon 
which certain powers have been conferred by statute. A conveyance to a 
municipal corporation of trust property for the purposes for which it was 
ordinarily dedicated does not deprive the board of the powers and interests 
conferred upon them by the original donation: State, ex rel., v. Toledo, 3 
O. C. C. (N. S.) 468. 

The city of Cincinnati has power to take and hold property in trust for 
educational purposes: Perin v. Carey, 24 How. 465. 



Hazing. 



Section 12417. Whoever, being a student or person in 
attendance at a public, private, parochial, or military school, 
college or other educational institution conspires to, or en- 
gages in hazing or committing an act that injures, frightens, 
degrades, disgraces, or tends to injure, frighten, degrade or 
disgrace a fellow student or person attending such institu- 
tion, shall be fined not more than two hundred dollars or 
imprisoned in the county jail not more than six months or 
both, and, in case of fine, the sentence shall be that the de- 
fendant be imprisoned until such fine is paid. (98 v. 124 

§ I-) 

Section 12418. Whoever, being a teacher, superln- permitting act 
tendent, commandant or other person in charge of a public, of hazing, etc. 
private, parochial or military school, college or other edu- 
cational institution knowingly permits an act of hazing or 
of attempting to haze, injure, frighten, degrade or dis- 
grace a person attending such institution shall be fined not 
more than one hundred dollars. 98 v. 124 § la.) 

Section 12419. Whoever in hazing or attempting to j^^yhem. 
haze a person, tattooes or permanently disfigures his body, 
limbs or features, by the use of nitrate of silver or like sub- 
stance, shall be imprisoned in the penitentiary not less than 
three years nor more than thirty years. (90 v. 353 § 2.) 

Section 7903. When requested so to do by resolution ^j^y solicitor u 
of such board, the solicitor of such municipal corporation act as attor- 
shall prosecute and defend, as the case may be, for and in 
behalf of the corporation, all complaints, suits and con- 
troversies in which the corporation or such board is a party, 
and which relate to any property, funds, trusts, rights, 
claims, estate or afifairs under the control or direction of the 
board, or which, in any manner, relate to the conduct or 
government of such university, college or institution. (97 
V. 542.) 

Section 7904. The board of directors of such uni- when board 
versity, college or institution upon the recommendation of Je^^rees"^^'^ 
the faculty thereof, may confer such degrees and honors 
as are customary in universities and colleges in the United 
States, and such others as with reference to the course of 
studies and attainments of the graduates in special depart- 
ments is deems proper. (97 v. 544.) 



336 



COLLEGES AND UNIVERSITIES. 



University 
defined. 



Council may 
provide site 
for municipal 
university. 



Section 7905. A university supported in whole or in 
part by municipal taxation, is defined as an assemblage of 
colleges united, under one organization or management, 
affording instruction in the arts, sciences and the learned 
professions, and conferring degrees. (97 v. 544.) 

_ _ The word "university" in G. C. Sec. 4001 is used in its popular and not 
in Its technical sense: Waddick v. Merrill, 5 O. C. C. (N. S.) 103. 

The definition of a "university" given in this section can have no bearing 
on the question of control of a school established by a private donor to carry 
out his purposes in regard to education, and endowed by his property and 
the property of others given for the same purpose. The denominating of such 
a school as a "university" does not deprive it of the protection of the con- 
stitution of the state and the guaranty that all private property shall ever be 
held inviolate, notwithstanding it has not yet' attained to the full scope of a 
university: State, ex rel., v. Toledo, 5 O. C. C. (N. S.) 277. 

Although not, technically speaking, a "university" within the meaning 
of this section, the Toledo university is governed by the laws which relate to 
municipal universities: Waddick v. Merrill, 5 O. C. C. (N. S.) 103. 

Section 7906. The council of any such municipal 
corporation may set apart, or appropriate as a site for the 
buildings and grounds of such k university, college or insti- 
tution, public grounds of the city not especially appropri- 
ated or dedicated by ordinance to any other use, any other 
law to the contrary notwithstanding; and the board of 
education of such a municipal corporation also, for a like 
purpose may set apart, convey or lease for a term of years, 
any grounds or building owned or controlled by such board. 
(97 V. 544.) 

This section is constitutional: State, ex rel., v. Toledo, 3 O. C. C. 
(N. S.) 468. 

A municipal corporation may set apart public ground for a municipal 
university which has been created by private endowment, although such 
ground has been paid for out of the funds raised by general taxation; Cin- 
cinnati v. McMicken, 6 O. C. C. 188, 3 O. C. D. 409 (affirmed without report, 
McMicken v. Cincinnati, 29 Bull. 168.) 

The word "university" in G. C. Sec. 4001 is used in its popular and not 
in its technical sense: \\'addick v. Merrill, 5 O. C. C. (N. S.) 103. 

How such grant SECTION 7907. Any grant for the use of such 

grounds, or buildings heretofore or hereafter made by any 
council or board of education, may be modified, changed 
or extended as to the time when it shall take effect and be 
in force, or otherwise, by agreement between such council, 
or board of education, and the board of directors of such 
university, college or institution. Such council shall be 
taken and held to be the representative of such municipal 
corporation vested with the title, right of possession and 
entire control of such property for the purposes of a new 
grant. (97 v. 544.) 

This section is constitutional: State, ex rel., v. Toledo, 3 O. C. C. (N. 
S.) 468. 

Physical culture is included as a necessary university purpose and in- 
closure of part of the university grounds as an athletic field is a necessary 
and proper use thereof: University Directors v. Cincinnati, 1 O. N. P. 
(N. S.) 105. 

Section 7908. The council annually may assess and 
levy taxes on all the taxable property of such municipal cor- 
poration to the amount of five-tenths of one mill on the 
dollar valuation thereof, less the amount necessary to be 
levied to pay the interest and sinking fund on all bonds is- 
sued for the university subsequent to June i, 1910, to be 



changed. 



Tax levies. 



COLLEGES AND UNIVERSITIES. 



337 



applied by such board to the support of such university, 
college or institution and also levy and assess annually five 
one-hundredths of one mill on the dollar valuation thereof, 
for the establishment and maintenance of an astronomical 
observatory, or for other scientific purposes, to be deter- 
mined by the board of directors and to be used in connec- 
tion with such university, college or institution, the pro- 
ceeds of which shall be applied by the board of directors 
for such purposes exclusively. But such taxes shall only 
be levied and assessed when the chief work of such univer- 
sity, college or institution is the maintenance of courses of 
instruction, in advance of, or supplementary to, the instruc- 
tion authorized to be maintained in high schools by boards 
of education. 

The above tax levies shall not be subject to any limi- 
tations of rates of taxation or maximum rates provided by 
law, except the limitations herein provided, and the further 
exception that the combined maximum rate for all taxes 
levied in any year in any city or other tax district shall not 
exceed fifteen mills. (103 v. 472.) 

Section 7909. Such levies shall be made by the coun- YVhen levy 
cil at the time, and in like manner as other levies for other to be made, 
municipal purposes, and must be certified by it and placed 
upon the tax duplicate as other municipal levies. The funds 
of any such university, college or institution shall be paid 
out by the treasurer upon the order of the board of direct- 
ors and the warrant of the auditor. (98 v. 128.) 

Section 7910. Any municipal corporation having a Municipal 
university supported in whole or part by municipal taxation, university. 
may issue bonds for the erection of additional buildings 
or the completion of buildings not completed, for such 
municipal university, and for the equipment thereof. (99 
V. 133 § !•) 



Issue of 
bonds. 



Section 7911. Such bonds may be issued under 
ordinance of the council of such municipality with the ap- 
proval of the mayor, but only upon the receipt of a certified 
resolution from the board of directors of such university 
of the necessity of such issue. The resolution and ordi- 
nance must specify the amount of the issue, the denomin- 
ation of bonds, their rate of interest, their dates, and the 
times of their maturity. (99 v. 133 § 2.) 

Section 7912. The bonds so issued shall be sold ac- Disposal 
cording to the provisions of law for the sale of municipal bonds, 
bonds, and the proceeds thereof, excepting the premiums 
and accrued interest, shall be placed in the treasury of such 
municipality and be used only for the purpose of erecting 
or completing and equipping such additional bulidings as 
may have been specified in the resolution and ordinance 
calling for their issue. (99 v. 133 § 3.) 

22 s. I,. 



of 



338 



COLLEGES AND UNIVERSITIES. 



Power and 
control vested 
in directors. 



Duties of 
trustees of 
sinking fund. 



Board of di- 
rectors of 
educational 
institution 
may accept 
educational 
trusts. 



Exemption 
from taxa- 
tion. 



Section 7913. In the use of such fund for such pur- 
pose, all power and control shall be vested in the board of 
directors of the municipal university. Such board shall 
make any contracts necessary for the erection or completion 
of the buildings specitied, and the equipment thereof ; 
supervise their erection, completion and equipment, and 
issue proper vouchers for the payment out of such fund of 
moneys due under such contracts, and for any other ex- 
penses connected with the erection, completion, and equip- 
ment of such buildings. The amount of premium and. ac- 
crued interest arising from the sale of the bonds shall be 
paid into the sinking fund. (99 v. 133 § 3.) 

Section 7914. The trustees of the sinking fund of 
any municipality issuing bonds under the above authority, 
annually shall levy a tax sufficient to pay the interest, and 
to provide a sinking fund for the final redemption of the 
bonds at maturity. (99 v. 134 § 4.) 

Section 7915. The board of directors of a university, 
college or other educational institution of any municipal 
corporation, in the name and on behalf of such corporation, 
may accept and take any property or funds heretofore or 
hereafter given to such corporation for the purpose of 
founding, maintaining or aiding a university, college or 
institution for the promotion of education, and upon such 
terms, conditions and trusts consistent with law as such 
boards deems expedient and proper for that end. (97 v. 
541.) 

The term "university" in G. C. Sec. 4001 is used in its popular and not 
in its technical sense: Waddick v. Merrill, 5 O. C. C. (N. S.) 103. 

This section is constitutional: State, ex rel., v. Toledo, 3 O. C. C. 
(N. S.) 468. 

A manual training and polotechnic school which is founded upon private 
donation accepted under this section, is not a public school in the sense that 
high schools and grammar schools are public schools: State, ex rel., v. Schauss, 
3 O. C. C. (N. S.) 388. 

The city of Cincinnati has power to take and hold property in trust for 
educational purposes: Perin v. Carey, 24 How. 465. 

A college of dental surgery has no power to agree to pay interest upon 
its shares of stock: Ohio College of Dental Surgery v. Rosenthal, 45 O. S. 183. 

A college or universit>^ which does not come within the_ letter of the 
statute will be held to be within its spirit, especially if subscriptions thereto 
have been made and accepted and liabilities have been incurred thereon: Ohio 
Wesleyan Female College v. Love's Executor, 16 O. S. 20; Irwin v. Lombard 
University, 56 O. S. 9. 

The property of the Cincinnati college was held to be private property, 
so that the legislature could not give such property to the university of Cin- 
cinnati: State, ex rel., v. Neff, 52 O. S. S'^S. 

If a subscription is made to a college or university, and in reliance 
thereon, and in order to carry out the object thereof, such college or univers- 
ity incurs liabilities or makes expenditures, such liabilities are expenditures 
and furr;ish a sufficient consideration to svipport such promise: Ohio Wesleyan 
Female Colloge v. Love's Executor, 16 O. S. 20, Irwin v. Lombard University, 
56 O. S. 9. 

A subscription which is made for the purpose of paying the pre-existing 
debts of a college or university is not supported by sufficient consideration, 
since such college or university cannot have made expenditures or incurred 
liabilities in reliance thereon: Johnson v. Otterbein University, 41 O. S. 527. 

Section 791 5-1. All such property, personal or 
mixed, or real property located within the county in which 
an university, college or other educational institution of any 
municipal corporation is located, heretofore or hereafter 
so given to or received by the board of directors of a uni- 
versity, college or other educational institution of any mu- 



COLLEGES AND UNIVERSITIES. 339 

nicipal corporation, the rents, issues, profits and income 
of which are used exchisively for the use, endowment or 
support of a university, college or other educational insti- 
tution of any municipal corporation, shall be exempted 
from taxation so long as such property or the rents, issues, 
profits or incomes thereof is used for and exclusively ap- 
plied to the endowment or support of such university, col- 
lege or other educational institution of such municipal 
corporation. (102 v. 32.) 

Section 7916. For the further endowment, mainte- How trust 
nance and aid of any such university, college or institution be"lppHed. 
heretofore or hereafter founded, the board of directors 
thereof, in the name and in behalf of such municipal cor- 
poration may accept and take as trustee and in trust for 
the purposes aforesaid any estate, property or funds which 
may have been or may be lawfully transferred to the mu- 
nicipal corporation for such use by any person, persons or 
body corporate having them, or any annuity or endowment 
in the nature of income which may be covenanted or 
pledged to the municipal corporation, towards such use by 
any person, persons or body corporate. Any person, per- 
sons or body corporate having and holding any estate, 
property or funds in trust or applicable for the promotion 
of education, or the advancement of any of the arts or 
sciences, may convey, assign and deliver these to such mu- 
nicipal corporation as trustees in his, their or its place, or 
covenant or pledge its income or any part thereof to it. 
Such estate, property, funds or income shall be held and 
applied by such municipal corporation in trust for the 
further endowment, maintenance and aid of such univer- 
sity, college or institution, in accordance nevertheless with 
the terms and true intent of any trust or condition upon 
which they originally were given or held. (97 v. 542.) 

The term "university" in G. C. Sec. 4001 is used in its popular and not 
in its technical meaning: Waddick v. Merrill, 5 O. C. C. (N. S.) 103. 

Under this section the board of directors has power to accept or to 
reject a gift; but if such board decides to accept a gift, it can accept it only 
in accordance with the terms and conditions upon which such gift is offered: 
State, ex rel., v. Schauss, S O. C. C. (N. S.) 388. 

Section 7917. Upon such transfer and the accept- Trusteeship 
ance thereof the municipal corporation and its successors, c?ty^"tc'" 
as trustees shall become and be perpetually obligated and 
held to observe and execute such trust in all respects ac- 
cording to any other or further terms or conditions law- 
fully agreed upon at the time of such transfer and accept- 
ance. Any court having jurisdiction of the appointment of 
trustees of such trust for educational purposes, in a pro- 
ceeding therefor, duly instituted and had, may, with the 
consent of its council, appoint and constitute such munici- 
pal corporation, trustee of the estate, property and funds 
so transferred to it, and dispense with bond and surety 
upon the part of the municipality for the performance of 
such trust, unless that is required by the original terms or 
conditions thereof, and upon the due transfer and acept- 



340 



COLLEGES AND UNIVERSITIES. 



Account of 
receipts and 
expenditures 
of endow- 
ment fund. 



How funds 
invested. 



ance of such trust shall release and fully discharge the 
trustees so transferring it. , Any acceptance or acceptances 
by such municipal corporation of any or all property funds, 
rights, trust estate or trusts heretofore given, granted, as- 
signed, or otherwise conveyed or transferred to or bestowed 
upon such a municipal corporation or to or upon such a 
university, college or institution in good faith, and which 
are still held and retained by such municipality or such a 
university, college or institution, shall be held and deemed 
to be valid and binding as to all parties. (97 v. 542.) 

Section 7918. The accounts of such trust estate, 
property and funds, and of the income and expenditure 
thereof, shall be kept by the auditor of such municipal 
corporation entirely distinct from all other accounts or af- 
fairs of the municipality and the moneys must be kept by 
the treasurer of the municipal corporation distinct from 
other moneys. Such board of directors, at all times, must 
confine their disbursements for current expenses within 
the income of the trust, estate, property and funds, and 
annually shall report to the mayor and council of such 
municipality a full statement of the accounts of adminis- 
tration of such trust and other funds. (97 v. 543.) 

The construction of a dwelling house for the president is a proper 
expenditure of university funds: Cincinnati v. Jones, 16 O. D. (N. P.) 313. 

Section 7919. Such board may invest any part of 
the funds belonging to, or set apart for the use of such 
university, college or institution, or to any department 
thereof, as it from time to time deems proper, in bonds of 
the United States or of the state of Ohio, or of any munici- 
pal corporation of this state, or any county or school district 
herein, or in any other bonds or first mortgage securities 
approved by it ; and may use any funds including those 
arising from sales of any propertv sold under section sev- 
enty-nine hundred and two hereof, (provided the terms of 
the trust do not prohibit such use), in the improvement of 
any real or leasehold estate belonging either to the par- 
ticular trust of which the property sold was part or to any 
other trust under its control or management; or in the im- 
provement of any real or leasehold estate set apart 
for the use of such university, college or institution, fioi 
V. 237.) 



Citizens not 
to be charged 
for admission 
of children. 



.Section 7920. Citizens of such municiDality shall not 
be charged for instruction in the academic department, ex- 
cept in professional couses therein. Such board of direct- 
orm may charge fees to students in other departments and 
to students in profession courses in the academic depart- 
ment, and from time to time may make such university, 
college or institution free in any or all of its deoartments 
to citizens of the countv in which it is located. The board 



COLLEGES AND UNIVERSITIES. 



341 



of directors may receive other students on such terms as 
to tuition or otherwise as they see fit. (97 v. 543.) 

For a discussion in detail of the question, who are citizens within the 
meaning of this section, so as to be entitled to free tuition, see State, ex rel., 
V. Kuhn, 8 O. N. P. 197. 

Section 7921. The custody, management and admin- 
istration of any and all estates or funds, given or trans- 
ferred in trust to any municipality for the promotion of 
education, and accepted by the council thereof, and any in- 
stitution for the promotion of education heretofore or here- 
after so founded other than a university as defined in this 
chapter, shall be committed to, and exerced by, the board 
of education of the school district including such munici- 
pality. Such board of education shall be held the repre- 
sentative and trustee of such municipality in the manage- 
ment and control of such estates and funds so held in trust 
and in the administration of such institution, excepting 
always funds and estates held by any municipality which 
are used to maintain a university as heretofore defined. 
(97 V. 545-) 

For the constitutionality of earlier forms of this section see State, ex 
rel., V. Toledo, 5 O. C. C. (N. S.) 277. 

For the validity of this section see State, ex rel., v. Toledo, 3 O. C. C. 
(N. S.) 468. 

This section was held to be unconstitutional insofar as it changes the 
plans and purpose of the terms of the original trust created by the donors 
and accepted by the municipal council: Toledo v. Seiders, 56 Bull. 77. 

Section 7922. For the uses and purposes of such 
board of education in administering such trusts, the council 
of such municipality annually may levy taxes on all the 
taxable property of such municipal corporation to the 
amount of three-tenths of one mill on the dollar valuation 
thereof. (97 v. 545.) 

This section is constitutional: State, ex rel., v. Toledo, 3 O. C. C. 
(N. S.) 468. 

'The provisions of the municipal code with reference to municipal uni- 
versities (see G. C. Sec. 4001, et seq.) do not repeal the power of taxation 
given by this section: Waddick v. Merrill, 5 O. C. C. (N. S.) 103. 



Board of edu- 
cation to have 
control and 
management 
of property 
held in trust 
for educa- 
tional pur- 
poses. 



Tax levy. 



sity and 
Miami uni- 
versity. 



STATE UNIVERSITIES GENERALLY. 

Section 7923. Inasmuch as it is deemed desirable for Declaration of 
this state to determine its policy in regard to the support p°JJj%°s ^^^^/^ 
of institutions of higher learning, and further desirable that to Ohio state 
it adopt a distinct and fixed policy in regard to universites ohicfTmver- 
and colleges for all time to come so that the policy of the 
state with reference to the Ohio State university, the Miami 
universitv and the Ohio university shall be determined and 
made definite and to the end that the state may build up one 
university worthy of it, as now bes^un at the Ohio State 
universitv, and also to fix such a policy as will provide 
support for the Miami and Ohio universities, as colleges of 
liberal arts, but not to include technical or e:raduate Instruc- 
tion, aside from the usual graduate work for the degree of 
master of arts, and to determine definitely for all time that 
the Miami universitv and the Ohio university shall be no 
greater charge on the state so far as university purposes 



342 



COLLEGES AND UNIVERSITIES. 



Tax levy for 
support of 
Miami univer- 
sity. 



Tax levy for 
support of 
Ohio univer- 
sity. 



are concerned than herein provided for; therefore this sub- 
division of this chapter is passed to set forth the poHcy, to- 
wit: That in the future no representative of the Miami 
university or of the Ohio university or of the Ohio State 
university shall violate or attempt to violate this policy 
herein enacted into law as a policy for the support of 
higher education and as a guide for future general assem- 
blies of the state of Ohio. (98 v. 309 § i.) 

Section 7924. For the purpose of affording support 
to the Miami university, there shall be levied annually a 
tax on the grand list of the taxable property of the state, 
which tax shall be collected in the same manner as other 
state taxes and the proceeds of which shall constitute ''the 
Miami university fund." The rate of such levy shall be 
eighty-five ten thousandths of one mill upon each dollar 
of valuation of such property. The sum raised by such 
levy, or its equivalent in money in case the levy is abolished, 
shall be the sum total received either from the proceeds of 
the levy or from appropriations for the support of the col- 
lege of liberal arts, and shall be used only for the purposes 
set forth in the next preceding section. This levy shall not 
hereafter be increased. But this shall not prevent such ap- 
propriations from time to time as may be necessary for 
apparatus for university purposes, exclusive of buildings. 
(102 V. 266.) 

The county auditor has no authority under the Smith one 
per cent, tax law to place upon the tax duplicate any levies over 
which the budget commission has control, before that commis- 
sion has met, organized and performed the duties imposed by 
section 5649-3c, General Code. 

The respective levies for county, township, municipal and 
school purposes are exclusive of the levy for state purposes; but^ 
levies for all these purposes together with the state levy must 
not exceed, in a given taxing district, the limitations of ten mills, 
the amount of taxes raised in 1910 and fifteen mills, respectively 
imposed by different sections of the Smith one per cent, tax law. 

— Attorney General, 1911-12, p. 1614. 

The grammatical construction and the use of the term 
levy, and the intransitive form "providing for" in the phrase 
"laws providing for tax levies," section 1-b, article II, of the con- 
stitution, compel the conclusion that this section is intended to 
comprehend only such acts as provide for a specified levy and 
impose upon some office the mandatory duty of making the same 
at a defined rate on the grand duplicate of the state or some sub- 
division thereof. 

A law, therefore, such as is House Bill 500, which merely 
provides for the making of tax levies generally and prescribes 
the machinery by which such levies are to be carried out, is not 
subject to the exception provided in this section of the consti- 
tution, and is therefore subject to the initiative and referendum. 

— Attorney General, 1913, p. 599. 

Section 7925. For the purpose of affording support 
to the Ohio university, there shall be levied annually a tax 
on the grand list of the taxable property of the state which 
shall be collected in the same manner as other state taxes 
and the proceeds of which shall constitute "the Ohio uni- 
versity fund." The rate of such levy shall be eighty-five 



COLLfeGES AND UNIVERSITIES. 343 

ten thousands of one mill upon each dollars of valuation 
of such taxable property. The sum raised by means of 
such levy, or its equivalent in money, in case the levy is 
abolished, shall be the sum total received either from the 
proceeds of the levy or from appropriations for the support 
of the college of libertal arts, and shall be used only for the 
purposes set forth in section seventy-nine hundred and 
twenty-three. This levy shall not hereafter be increased. 
But this shall not prevent such appropriations from time to 
time as may be necessary for apparatus for university pur- 
poses, exclusive of buildings. (102 v 266.) 

The county auditor has no authority under the Smith one 
per cent, tax law to place upon the tax duplicate any levies over 
which the budget commission has control, before that commission 
has met, organizeed and prformed the duties imposed by section 
5649-3c, General Code. 

The respective levies for county, township, municipal and 
school purposees are exclusive of the levy for state purposes; 
but levies for all those purposes together with the state levy 
must not exceed, in a given taxing district, the limitations of 
ten mills, the amount of taxes raised in 1910 and fifteen mills, 
respectively imposed by different sections of the Smith one per 
cent, tax law. — Attorney General, 1911-12, p. 1614. 

Money appropriated for the Ohio university by the legisla- 
ture by House Bill 674, in the sum of $15,000, for the completion 
of the electric light plant, comes within the requirements of sec- 
tions 3216 and 3218, et seq., providing for the advertisement and 
reception of proposals or bids, and providing for the execution 
of the contract entered into on the bid or proposal accepted. — 
Attorney General, 1913, p. 1016. 

Under the act of 1804, establishing the Ohio university, and the act of 
1805, amendatory thereto, the lands of the university, on lease, are subject to 
revaluation: McVey v. Ohio University, 11 O. 134. 

The board of trustees of the Ohio university have power to lay out 
into lots the portion of land marked as "commons' on the town plat of the 
town of Athens, and dispose thereof for the benefit of the university: Crippen 
V. President and Trustees of Ohio University, 12 O. 96. 

S5CT10N 7926. For the purpose of affording support ^ax levy for 
to the state normal school or college, in connection with the support of 
Ohio university, there shall be levied annually a tax on the at°'^phio uni- 
grand list of the taxable property of the state, which shall v^"»ty- 
be collected in the same manner as other states taxes and 
the proceeds of which shall constitute *'the Ohio normal 
school fund." The rate of such levy shall be five one 
thousandths of one mill upon each dollars of valuation of 
such taxable property, unless otherwise designated by the 
general assembly. Nothing in this section shall prevent 
such normal school from securing such additional appro- 
priations as the general assembly sees fit to make from time 
to time for the support and equipment of the school. (102 
V. 266.) 

The county auditor has no authority under the Smith one 
per cent, tax law to place upon the tax duplicate any levies over 
which the budget commission has control, before that commission 
has met, organized and performed the duties imposed by section 
5649-3c, General Code. 

The respective levies for county, township, municipal and 
school purposes are exclusive of the levy for state purposes; 
but levies for all these purposes together with the state levy 



344 



COLLEGES AND UNIVERSITIES. 



Tax levy for 
support of 
normal school 
at Miami 
university. 



Levy for Bowl- 
ing Green 
normal school. 



Levy for Kent 
normal school. 



must not exceed, in a given taxing district, the limitations of 
ten mills, the amount of taxes raised in 1910 and fifteen mills, 
respectively imposed by different sections of the Smith one per 
cent, tax law. — Attorney General, 1911-12, p. 1614. 

Section 7927. For the purpose of affording support 
to the state normal school or college, in connection with the 
Miami university, there shall be levied annually a tax on the 
grand list of the taxable property of this state, which shall 
be collected in the same manner as other state taxes and 
the proceeds of which shall constiute "the Miami normal 
school fund." The rate of such levy shall be thirty-five 
ten thousandths of one mill upon each dollar of valuation 
of such taxable property, unless otherwise designated by 
the general assembly. Nothing in this section shall prevent 
such normal school from securing such additional appro- 
priations as the general assembly sees fit to make from time 
to time for the support and equipment of the school. (102 
V. 266.) 

The county auditor has no authority under the Smith one 
per cent, tax law to place upon the tax duplicate any levies over 
which the budget commission has control, before that commission 
has met, organized and performed the duties imposed by section 
5649-3c, General Code. 

The respective levies for county, township, municipal and 
school purposes are exclusive of the levy for state purposes ; 
but levies for all these purposes together with the state levy 
must not exceed, in a given taxing district, the limitations of 
ten mills, the amount of taxes raised in 1910 and fifteen mills, 
respectively imposed by different sections of the Smith one per 
cent, tax law. — Attorney General, 1911-12, p. 1614. 

Section 7927-a. For the purpose of affording sup- 
port to the state normal school located at Bowling Green, 
Ohio, there shall be levied annually a tax on the grand list 
of the taxable property of the state, which shall be collected 
in the same manner as other state taxes and the proceeds of 
which shall constitute "the Bowling Green normal school 
fund". The rate of such levy shall be five one thousandths 
of one mill upon each dollar of valuatiofi as such taxable 
property, unless otherwise designated by the general as- 
sembly. Nothing in this section shall prevent such normal 
school from securing such additional appropriations as the 
general assembly sees fit to make from time to time for the 
support and equipment of the school. (103 v. 842.) 

Section 7927-b. For the purpose. of affording sup- 
port to the state normal school located at Kent, Ohio, there 
shall be levied annually a tax on the grand list of the tax- 
able property of the state which shall be collected in the same 
manner as other state taxes and the proceeds of which shall 
constitute "the Kent normal school fund". The rate of 
such levy shall be five one thousandths of one mill upon 
each dollar of valuation as such taxable property, unless 
otherwise designated by the general assembly. Nothing in 
this section shall prevent such normal school from securing 
such additional appropriations as the general assembly sees 



COLLEGES AND UNIVERSITIES. 345 

fit to make from time to time for the support and equip- 
ment of the school. (103 v. 842.) 

Section 7928. No moneys derived under the levies How such 
provided for in this subdivision of this chapter shall be ex- ^°^^^^ ^^^'^ 
pended by the Miami university or by the Ohio university pended. 
for maintaining or giving instruction in any courses of 
study other than in liberal arts in the normal school or 
college branches. (98 v. 311 § 6.) 

A decision of a state court on the question of the validity of the 
state tax which was claimed to be exempt from taxation by reason of state 
statutes and the state constitviion does not present a federal question which 
can be reviewed by a proceeding in error to the United States supreme court 
(in this case the effect of the statutes creating Miami university and 
making provisions for the land belonging thereto were considered) : Smith v. 
Hunter, 48 U. S. (7 How.) 738, 2 O. F. D. 632. 

Section 7929. For the purpose of affording free the Tax levy for 
advantages to the youth of the state of a higher, technical, Q,fio°^stat^e 
liberal, professional, agricultural, graduate and industrial university, 
education, including manual training, there shall be levied 
annually a tax on the grand list of the taxable property of 
the state, which shall be collected in the same manner as 
other state taxes and the proceeds of which shall consti- 
tute, "the Ohio State university fund." There shall be 
levied annually for that purpose five hundred and thirty- 
five ten thousandths of one mill upon each dollar of valua- 
tion of such taxable property, or its equivalent in money 
should such levy be abolished. Nothing herein shall pre- 
vent the Ohio State university from securing any appro- 
priations that the general assembly sees fit to grant for the 
purposes herein set forth. The Ohio State university never 
shall maintain a normal school, but may establish a teach- 
er's college of professional grade. Nothing in this section 
shall prevent the board of trustees from charging incidental 
expense fees and also reasonable tuition fees for profes- 
sional education. (102 v. 266.) 

The county auditor has no authority under the Smith one 
per_ cent, tax law to place upon the tax duplicate any levies over 
which the budget commission has control, before that commission 
has met, organized and performed the duties imposed by section 
5649-3c, General Code. 

The ' respective levies for county, township, municipal and 
school purposes are exclusive of the levy for state purposes; but 
levies for all these purposes together with the state levy must not 
exceed, in a given taxing district, the limitations of ten mills, the 
amount of taxes raised in 1010 and fifteen mills, respectively im- 
posed by dififerent sections of the Smith one per cent, tax law. — 
Attorney General, 1911-12, p. IfiU. 

Section 7930. No provision of this sub-division of Tnitior.. 
this chapter shall prevent the boards of trustees of the Ohio 
State university, the Miami university, the Ohio university 
or the State Normal school at the Ohio university or at the 
Miami university from charging reasonable tuition for the 
attendance of pupils of either of such institutions from 



346 



COLLEGES AND UNIVERSITIES. 



students who are non-residents of the state of Ohio. (98 
V. 312 § 8.) 

Sections 5649-2 et seq. limit rate of taxation and repeal by implication 
existing conflicting statutes. Rabe v. Canton Sch. Dist. Ed. 23 Dec. 698 (11 N. 
S. 286). : I 



Inspection 
of accounts. 



Section 7931. The expenditure of all moneys under 
the provisions of this sub-division of this chapter or for the 
purposes of carrying them out, raised or secured from any 
source whatsoever, shall be subject to the inspection of the 
state bureau of public accounting, the cost thereof to be 
paid by the university or college inspected at the cost as 
provided by law. (98 v. 312 § 9.) 



Providing for 
sale of uni- 
versity lands. 



Owner to re- 
ceive deed; 
form of. 



OHIO UNIVERSITY. 

Section 7932. The owners of lands or town lots held 
under leases from the president and trustees of the Ohio 
university, or held under sale leases or assignments by or 
under the original lessees, may pay to the treasurer of the 
university, such sum of money, as, placed at interest at six 
per cent will yield the amount of rent reserved in the origi- 
nal lease, or in case of a division of the original tract or 
parcel leased, will equal the proper aliquot part thereof, 
or the part agreed upon by the several owners. But a per- 
son so surrendering and releasing to such corporation must 
pay the necessary expenses incident to such change of 
tenure, and procure the services of an agent to perform the 
necessary labor thereof. Upon payment of such sum and 
of all rents due upon the land, on demand of such owner, 
the treasurer shall give him a certificate of such payment. 
(80 V. 193 § I.) 

The board of trustees of "the Ohio university has power to lay out into 
lots the portion of land marked as "commons" on the town plat_ of the 
town of Athens, and dispose thereof for the benefit of the university: 
Crippen v. Ohio University, 12 O. 96. 

Lands sold under the act of 1826 which were held under the act of 1804 
were said to be subject to state taxes, in Armstrong v. Athens County, 41 
U. S. (16 Pet.) 281, 2 O. F. D. 154 (affirming Armstrong v. Athens County, 
10 0. 235). 

A lease of land of the Ohio university amounts to a contract between 
the lessee and the state; and a subsequent act of the legislature imposing a 
tax upon such land, contrary to the provisions of such lease, is invalid, as 
impairing the obligations of such contract: Mathen'y v. Golden, 5 O. S. 361). 

The position of trustee of the Ohio university is not vacant unless 
such trustee dies, resigns, or there is a judicial decree declaring that his 
position is vacant. The act of the legislature in appointing a successor is 
not an adjudication of the existence of such vacancy: State, ex rel., v. 
Bryce, 7 O. 82. 

Section 7933. Upon such payment, such owner shall 
be entitled to receive a deed of conveyance for such land 
by him owned, to be signed by the president of such cor- 
poration, countersigned by its secretary, and sealed with 
the corporate seal of the university, conveying the premises 
in fee simple to him, or such owner at his option, may 
demand and receive a certificate as aforesaid. The gov- 
ernor of Ohio, upon presentation thereof, shall execute and 
deliver to such owner, a deed conveying the premises in 
fee simple to him. (80 v. 194 § 2.) 



COLLEGES AND UNIVERSITIES. 347 

Section 7934. Either of such deeds, so made, shall validity of 
have the effect in law and in fact to vest in the grantee an ^uch deed, 
absolute estate in fee simple in the premises, subject, how- 
ever, to all liens, equities, or rights of third persons in, to 
or upon the premises. (80 v. 194 §.3.) 

Section 7935. Such secretary shall keep an accu- Registry of 
rate registry of all such payments, certificates and deeds, f^^^'^ J^^-^ 
with an accurate description of the tract or lot of land so 
paid for or deeded. Thereafter, the land so deeded shall 
be subject to taxation in like manner as other freehold 
estates in such county. The original leases therefor, in so 
far as regards the land so deeded, shall cease to have force 
or effect. (80 v. 194 § 4.) 

Section 7936. The treasurer of the Ohio university. Deposit of 
on or before the first day of January, next, after such re- *"0"^y- 
ceipt of money, must deposit it in the state treasury upon 
the certificate of the state audior. The sums so deposited 
shall be added to the irreducible trust funds held by the 
state for educational purposes, and interest thereon be paid 
semi-annually to the treasurer of such university, upon the 
requisition of the state auditor; and the president and trus- 
tees of the Ohio university shall have power to receive and Power of 
hold in trust, for the use and benefit of the university, any *^"^^^^*- 
grant or dvise of land, and any donation or bequest of 
money or personal property, to be applied to the general 
or special use of the university; all donations or bequests 
of money, together with other donations and bequests con- 
verted into money, shall be paid to the state treasurer, un- 
less otherwise directed in the donation or bequest, and the 
sums so deposited shall be added to the irreducible trust 
funds held by the state for educational purposes, and inter- 
ests thereon shall be paid semi-annually to the treasurer of 
said university upon the requisition of the state auditor, 
(loi V. 208.) 

Ohio university, Miami university, Ohio State university and 
the combined normal and industrial department of Wilberforce 
university are not affected by the 'provisions of Section 24, 
General Code, which provides that state officers, departments, 
boards and commissions shall pay to the treasurer of state on or 
before Monday of each week all moneys received by them during 
the preceding week. — Attorney General, Opinion No. 705, Jan. 20, 
1914. 

Section 7937. A state tax or a tax equal to the state j^e^y and coi- 
tax upon like property, shall be levied and collected upon lection of 

11 1 1 1 1 1/^1 • • • • 1 A 1 State tax upon 

all lands donated to the Ohio university, situated at Athens, lands donated 
Ohio, and held by lease from it or by deed from the gov- ver^i{y° ""'' 
ernor or the university, including such parts of such lands 
as are or may be owned, occupied or used by railroad com- 
panies as road-beds, road-ways, station-houses, or for other 
purposes. Such taxes, when collected, shall be paid by the 
treasurer of Athens, county, upon the warrant of the 



348 



COLLEGES AND UNIVERSITIES. 



Tax in lieu 
of rents; tax 
collected from 
railroad com- 
panies. 



auditor of the county, to the treasurer of the Ohio univer- 
sity, for its use. (82 v. 115 § i.) 

Where the state, by an act incorporating the Ohio university vested in 
that institution two townships of land for the support of the university and 
instruction of youth, and in the same act authorized tlie viniversity to lease 
said lands for ninety-nine years, renewable forever, and provided, that lands 
thus to be leased should forever thereafter be exempt from all state taxes, 
it was held that the acceptance of such leases at a fixed rent or rate of 
purchase by the lessees constitutes a binding contract between the state and 
the lessees. A subsequent act of the legislature, levying a state tax on such 
lands, is a "law impairing the obligation of contracts" within the purview of 
the tenth section of the tirst article of the constitution of the United States, 
and is, therefore, pro tanto, null and void: Matheny v. Golden, 5 O. S. 361. 

Where one of the lessees of such lands sues as well for himself as for 
many other lesses of the same lands, holding on like terms with himself, 
equity will interpose to prevent multiplicity of suits and afford a remedy by 
injunction: Matheny v. Golden, 5 O. S. 361. 

Section 7938. The tax so collected upon lands so 
held by lease, shall be in lieu of so much of the rents due 
to the university. The tax so collected from railroad com- 
panies, and paid to the university, shall not include the tax 
upon rolling stock. (82 v. 115 § 2.) 

By the fair construction of the resolutions, no discretion is given to 
the treasurer of the university to determine the amount of rent to be col- 
lected; but he is required to collect such an amount of additional rent as 
equals the taxes imposed on property of like description bv the state: Cable 
V. Ohio University, 36 O. S. 113. ' • 



Appointment 
of trustees. 



Annual 
report. 



Duty of stand- 
ing committee 
on colleges 
and univer- 
sities. 



MIAMI UNIVERSITY. 

Section 7939. The government of Miami university 
shall be vested in twenty-seven trustees, to be appointed 
by the governor by and with the advice and consent of the 
senate. Nine trustees shall be appointed every third year, 
for a term of nine year, beginning on the first day of 
March in the year of their appointment. Vacancies in the 
board of trustees shall be filled for the unexpired term in 
the same manner. (66 v. 73 § i.) 

But seven members of the board of trustees of Miami uni- 
versity are required to transact business legally. 

Trustees of Miami university are not entitled to a per diem 
compensation, but are entitled to actual expenses incurred as 
trustees. — Attorney General, Opinion No. 1352, Dec. 31, 1914. 

Section 7940. In its annual report the board of trus- 
tees shall make a full and accurate report of all receipts and 
disbursements of the preceding year, the number of students 
in attendance, studies taught, and such other matters con- 
nected with the institution as the board deems important. 
Such report may be transmitted by the governor to the 
general assembly. (106 v. 508.) 

Sectiion 7941. The standing committee on colleges 
and universities of each legislature, shall examine into the 
condition of Miami university, and repor.t to the legislature 
such matters as it deems important to the interests of the 
university. (66 v. 73 § 3.) 



Deposit of do- Section 7941-1. The treasurer of Miami university 

nations and qj-j qj- bcforc the first day of January next after the receipt 

bequests, when . . , -^ -' . -^ ' 

converted. ot auv donatious or bequests of money or other property 

to be converted into money must deposit it in the state 



COLLEGES AND UNIVERSITIES. 340 

treasury upon the certificate of the state auditor. The sum 
so deposited shall be added to the irreducible trust fund 
held by the state for educational purposes, and interest 
thereon be paid semi-annually to the treasurer of such uni- 
versity, upon the requisition of the state auditor; and the 
president and trustees of Miami university shall have power 
to receive and hold in trust, for the use and benefit of the 
university, any grant or devise of land and any donation 
or bequest of money or personal property, to be applied to 
the general or special use of th-e university; all donations 
or bequests of money, together with other donations and 
bequests converted into money, shall be paid to the state 
treasurer, unless otherwise directed in the donation or be- 
quest, and the sum so deposited shall be added to the irre- 
ducible trust funds held by the state for educational pur- 
poses, and interest thereon shall be paid semi-annually to 
the treasurer of said university upon the requisition of the 
state auditor. (103 v. 564.) 

OHIO STATE UNIVERSITY. 

Section 7942. The government of the Ohio state Appointment 
university shall be vested in a board of seven trustees, term"co^m^* 
who shall be appointed by the governor, with the advice pensation, etc. 
and consent of the senate. One trustee shall be appointed 
each year for a term of seven years from the fourteenth 
day of May of such year, and serve until his successor is 
appointed and qualified. A vacancy in the office of trus- 
tee shall be filled by an appointment to be made in the same 
manner as an original appointment, but only for the unex- 
pired term. The trustees shall not receive compensation 
for their services, but shall be paid their reasonable neces- 
sary expenses while engaged in the discharge of their official 
duties. (75 V. 126 §§ 2, 3.) 

For means to establish agriculture and mechanical college, see appendix, 
Sec. 13881. 

The Ohio State university is a branch of the state of Ohio, and not 
a corporation; and, accordingly, the statute creating such university is not a 
special act conferring corporate powers, and is not in violation of Art. XIII, 
Sec. 1, of the Ohio constitution: Neil v. Board of Trustees, 31 O. S. 15. 

A subscription to the Ohio agricultural and mechanical college in con- 
sideration that such college shall be located at a certain place, together with 
a guaranty of a third person of the performance of such subscription, was 
delivered to the trustees of such college and was accepted by them, and the 
college was located in accordance with the provisions of such subscription. 
Such subscription and guaranty are valid and enforceable instruments, and 
the board of trustees of such college may bring action thereon: Neil v. 
Board of Trustees, 31 O. S. 15. 

That the board of trustees is not a corporation, see, also, Thomas v. 
University Trustees, 195 U. S. 207. 

Section 7943. The trustees and their successors in style and 
office shall be styled the ''board of trustees of the Ohio power of 

•' ^ trustees. 

state university," with the right as such, of suing and be- 
ing sued, of contracting and being contracted with, of mak- 
ing and using a common seal, and altering it at pleasure. 
(67 V. 21 § 4.) 

Under the power vested in the trustees of the Ohio State 
university to contract, to receive donations of personal property 
without qualifications as to method, and to control and supervise 



350 



COLLEGES AND UNIVERSITIES. 



Officers of 
the board. 



Bond of treas- 
urer, where 
filed. 



Meetings of 
board. 



Annual 
report of 
trustees; 
contents. 



all buildings and other property belonging to the university, said 
trustees may enter into an agreement of acceptance with a cor- 
poration organized to erect dormitories upon the university campus 
and ultimately to donate the buildings to the university, when the 
plans of the buildings are subject to the approval of the trustees 
and a joint control of expenditures and the entire scholastic 
management of the buildings vested in the trustees pending 
completion. — Attorney General, 1912, p. 991. 

The board of trustees of the Ohio State university is not a corporation: 
Neil V. Board of Trustees, 195 U. S. 207, 14 O. F. D. 433. 

Section 7944. The board of trustees annually shall 
elect one of their number chairman, and in the absence of 
the chairman elect one of their number temporary chair- 
man. It also may appoint a secretary, treasurer, and li- 
brarian, and such other officers as the interests of the coll- 
ege require who may be members of the board. Such ap- 
pointees shall hold their offices for such term as the board 
may fix, subject to removal by it, and receive such compen- 
sation as the board prescribes. (67 v. 21 § 9.) 

Section 7945. Before entering upon the duties of his 
office the treasurer shall give bond to the state in such sum 
as the board of trustees determines, but not a less sum than 
the probable amount that will be under his control in any 
one year, conditioned for the faithful discharge of his du- 
ties and the payment of all moneys coming into his hands, 
the bond to be approved by the attorney general of the 
state. Such bond shall be deposited with the secretary of 
state and kept in his office. (103 v. 528.) 

Section 7946. Meetings of the board of trustees 
shall be called in such manner, and at such times as the 
board prescribes. The board shall meet at least three times 
annually, and at such other times as may be necessary for 
the best interest of the university. A majority of the board 
present at any meeting shall constitute a quorum to do 
business; but a majority of all the board shall be necessary 
to elect or remove a president or professor. (75 v. 126.) 

Section 7947. In its annual report the board of trus- 
tees shall state the condition of the university ; the amount 
of receipts and disbursements, and for what the disburse- 
ments were made; the number of professors, officers, teach- 
ers, and other employes and the position and compensation 
of each, the number of students in the several departments 
and classes, and the course of instruction pursued in ^ach ; 
also an estimate of the expenses for the ensuing year; a 
statement showing the progress of the university, recording 
any improvements and experiments made, with their costs, 
and the results, and such other matters as are useful. The 
president thereof shall transmit by mail one copy respec- 
tively to the secretary of the interior and the secretary of 
agriculture of the United States, and to each of ^he colleges 
which are or may be endowed under the provisions of the 
act of congress of July 2, 1862. (106 v. 508.) 



COLLEGES AND UNIVERSITIES. 351 

Section 7948. The board of trustees may adopt by- Board may 
laws, rules and regulations for the government of the ^nJ'^re^ufl. 
university. (67 v. 21 § 5.) tions. 

Section 7949. The board of trustees shall elect, and Election of 
fix the compensation of and remove, the president and such fes^s^o?s"*efcT 
number of professors, teachers and other employes as may and course of 
be deemed necessary ; but no trustee, or his relation "by 
blood or marriage, shall be eligible to a professorship or 
position in the university, the compensation for which is 
payable out of the state treasury or university fund. The 
board shall fix and regulate the course of instruction and 
prescribe the extent and character of experiments to be 
made at the university. (99 v. 602 § 9.) 

Professors of the Ohio State university may be employed 
during the two months' vacation for research w^ork of the experi- 
ment station, there being no incompatibility in their work at the 
university and the work at the experiment station. — Attorney 
General, Opinion No. 874, 1914. 

Section 7950. The board of trustees shall have gen- property, ex- 
eral supervision of all lands, buildings, and other property penses, etc. 
belonging to the university, and the control of all expenses 
therefor, but shall not contract a debt not previously author- 
ized by the general assembly of the state. (67 v. 21 §8.) 

Under the power vested in the trustees of the Ohio State 
university to contract, to receive donations of personal property 
without qualifications as to method, and to control and supervise 
all buildings and other property belonging to the university, said 
trustees may enter into an agreement of acceptance with a cor- 
poration organized to erect dormitories upon the university 
campus and ultimately to donate the buildings to the university, 
when the plans of the buildings are subject to the approval of the 
trustees and a joint control of expenditures and the entire scholastic 
management of the buildings vested in the trustees pending 
completion. — Attorney General, 1912, p 991. 

Section 7950-1. The construction of a high school High school 
building on the campus of the Ohio state university is ohi?Ttate°^ 
hereby authorized upon such terms as may be agreed upon university, 
by the trustees of the Ohio state university and the board 
of education of the city school district of the city of Colum- 
bus, Ohio, and such high school shall be used as an obser- 
vation and practice school by the college of education of the 
Ohio state university upon the terms and conditions as 
agreed upon by the said board of trustees and the said 
board of education. 

At no time shall the State of Ohio be called upon to 
assist in defraying the expenses of conducting or repairing 
such school. (102 V. 297.) 

Section 7950-2. The board of trustees of the Ohio Permission to 

state university is hereby authorized to enter into a contract the alumni of 

with any incorporated association of alumni of said univer- present do°rmi- 

sity whereby such association shall be permitted to erect an^aSodS 

upon the campus of said university, and upon a site to be trustees to 

designated by said board of trustees, a suitable building or t^r"acT for such 

buildings to be used as dormitories for students and mem- purpose. 



352 



COLLEGES AND UNIVERSITIES. 



Board may re- 
ceive devises 
of land, etc. 



Title of lands 
to be vested 
in the state, 
etc. 



bers of the faculty of the university. Such contract may 
provide that the legal title to such building or buildings shall 
remain in such association, and that the same shall be sub- 
ject to mortgage or other encumbrance by such association ; 
that the necessary repairs on such building or buildings 
shall be made by the trustees of the Ohio state university 
and paid for out of any appropriation made by the general 
assembly for such purposes ; and that the control and man- 
agement of such building or buildings shall be vested in 
such association, subject to such disciplinary regulations as 
may be provided by said board of trustees. Such contract 
shall, however, provide that upon the payment of the in- 
debtedness of such association, incurred in the erection and 
equipment of such building or buildings and the discharge 
of such building or buildings from liens or encumbrances, 
the legal title to such building or buildings, and any and all 
appurtenances thereof, and furniture and equipment therein, 
shall pass to and be vested in the state. The purpose of 
this section is to authorize the said trustees to permit the 
alumni of the Ohio state university to present to the state 
a building or buildings, and furniture and equipment for 
the aforesaid purposes, and to adopt such plans and finan- 
cial arrangements as may be, within the limitations here- 
inbefore set forth, appropriate therefor. (103 v. 660.) 

Section 7951. The board of trustees may receive, 
and hold in trust, for the use and benefit of the university, 
any grant or devise of land, and donation or bequest of 
money or other personal property, to be applied to the gen- 
eral or special use of the university. All donations or be- 
quests of money shall be paid to the state treasurer, and 
invested in like manner as the endowment fund of the 
university, unless otherwise directed in the donation or be- 
quest. (67 V. 22 § II.) 

Under the power vested in the trustees of the Ohio State 
university to contract, to receive donations of personal property 
without qualifications as to method, and to control and supervise 
all buildings and other property belonging to the university, said 
trustees may enter' into an agreement of acceptance with a corpora- 
tion organized to erect dormitories upon the university campus and 
ultimately to donate the buildings to the university, when the plans 
of the buildings are subject to the approval of the trustees and a 
joint control of expenditures and the entire scholastic management 
of the buildings vested in the trustees pending completion. — 
Attorney General, 1912. p. 001. 

Section 7952. The title for all lands for the use of 
the university shall be made in fee simple to the estate of 
Ohio, with covenants of seizin and warranty, and no title 
shall be taken to the state for the purpose aforesaid until 
the attorney-general is satisfied that it is free from all de- 
fects and incumbrances. (6y v. 22 § 13.) 

Under the power vested in the trustees of the Ohio State 
university to contract, to receive donations of personal property 
without qualifications as to method, and to control and supervise 
all buildings and other property belonging to the university, said 



COLLEGES AND UNIVERSITIES. 353 

trustees may enter into an agreement of acceptance with a corpora- 
tion organized to erect dormitories upon the university campus and 
ultimately to donate the buildings to the university, when the plans 
of the buildings are subject to the approval of the trustees and a 
joint control of expenditures and the entire scholastic management 
of the buildings vested in the trustees pending completion. — 
Attorney General, 1912, p. 991. 

Section 7953. The attorney-general of the state shall Attomey-gen- 
be the legal adviser of such board of trustees. He shall kgai adviser 
institute and prosecute all suits in their behalf and receive °^ ^^^ hoa.v^. 
like compensation therefor as he is entitled to by law for 
suits brought in behalf of the asylums of the state. (67 
V. 22 § 15.) 

Section 7954. The university shall be open to all who admitted 
persons over fourteen years of age, subject to such rules, fectu"es.^' 
regulations and limitations, as to numbers from the several 
counties of the state, as is prescribed by the board of trus- 
tees. But each country shall be entitled to its just propor- 
tion, according to its population. The board may provide 
for courses of lectures, either at the seat of the university 
or elsewhere in the state, which shall be free to all. (67 v. 
20 § 7-) 

Section 7954-1. That for the purpose of advancing Establishment 
and promoting the science and art of medicine and the medicin?\nd 
science and art of dentistry, the board of trustees of the dentistry in 

■-v, . • • 1 1 1 11 1 • 1 Ohio state 

Ohio state university be, and they are hereby authorized University. 
and empowered to create, establish, provide for and main- 
tain in said university a college of medicine and a college 
of dentistry; and to negotiate for and receive conveyances 
and transfers of property, both real and personal, to be used 
for the purposes aforesaid ; and to accept the students now 
in attendance at any college of medicine, dentistry or phar- 
macy whose property is so acquired, with the rank and 
standing as certified by the proper officers of such college ; 
and to take such steps as may be necessary to protect the 
professional rights of the alumni of such college or col- 
leges and their predecessors ; and to receive from such col- 
lege or colleges such papers and records as may be neces- 
sary for that purpose. (103 v. 344.) 

Section 7955. The board of trustees, in connection Branches 
with the faculty of the university shall provide for the prescribed, 
teaching of such branches of learning as are related to 
agriculture and the mechanic arts, mines and mine engin- 
eering and military tactics, and such other scientific and 
classic studies as the resources of the fund will permit. 
{77 V. 227 § 10.) 

Section 7955-1. The board of trustees of the Ohio ^uthorit to 

state university is hereby authorized and directed to estab- establish uni- 

lish and organize a university extension division for the li^oT^divlsi^on; 

purpose of carrying on educational extension and corre- p^^'po^es. 
spondence instruction throughout the state. The board of 

23 s. I.. 



354 



COLLEGES AND UNIVERSITIES. 



Further 
poses. 



pur- 



Supervise and 
carry on dis- 
cussions, in- 
vestigations, 
etc., of ques- 
tions of public 
interest. 



Duties of 
board as to 
cereals, etc. 



trustees is authorized to carry on such extension work in 
connection with any department of the Ohio state univer- 
sity, for the purpose of the development throughout the 
state of centers for the discussion, consideration and in- 
vestigation relative to the mining, manufacturing, engineer- 
ing, social, industrial, economic, medical and civic inter- 
ests of the state and all other public interests which may be 
in any way prompted or subserved in the spreading of in- 
formation throughout the state by any department of the 
Ohio state university, that now exists or may be here- 
after established, pursuant to the grant by virtue of which 
said university was created and established. (103 v. 662.) 

Section 7955-2. The board of trustees of the uni- 
versity, througn the university extension division, shall en- 
courage communities to organize for the purpose of social, 
educational, scientific and recreational advantage, and shall 
co-operate with them and in every way contribute tO' the 
efficiency of the efforts of such communities for these pur- 
poses. To tnis end, as far as practicable, the extension di- 
vision shall be placed at the service of educational, indus- 
trial or civic institutions, organizations and associations, 
and invite their actve co-operation in matters relating to 
the civic, scientific, economic and social welfare of the citi- 
zens of the state. (103 v. 662.) 

Section 7955-3. The board of trustees of the Ohio 
state university is authorized to carry on, under the super- 
vision of such university extension division, such discus- 
sions, investigations, experments and demonstrations as it 
may deem advisable for the improvement of the engineer- 
ing, mining, manufacturing, social, medical, scientific, in- 
dustrial, economic and civic interests, and such other pub- 
lic interests of the state as may in any way be promoted or 
subserved by any department of the Ohio state university 
which now exists or which may hereafter be established, 
and for such purposes it may provide traveling instructors 
and conduct correspondence instruction and teaching. It is 
further provided that any common carrier is authorized 
and empowered to carry persons employed in such demon- 
strations, experiments and discussions, and the equipment 
therefor, and the traveling lecturers and instructors- pro- 
vided for in this act, free, or at reduced rates. (103 v. 
662.) 

Section 7956. The board of trustees shall collect, or 
cause to be collected, specimens of the various cereals, 
fruits, and other vegetable products, and have experiments 
made in their reproduction upon the lands of the university, 
and make report thereof from year to year, together with 
such other facts as tend to advance the interests of agri- 
culture. (75 V. 126 § 4.) 



COLLEGES AND UNIVERSITIES. 



355 



Section 7957. The board of trustees shall secure and 
keep in the university a collection of specimens in min- 
eralogy, geology, zoology, botany, and other specimens per- 
taining to natural history and the sciences. The president 
of the university shall collect and deposit therein in the 
manner directed by the trustees, a full and complete set of 
specimens as collected by him and his assistants, together 
with a brief description of the character thereof, and where 
obtained. Such specimens shall be properly classified and 
kept for the benefit of the university. (75 v. 126 § 5.) 

Section 7958. The board of trustees of the univer- 
sity shall establish therein a department of ceramics, equip- 
ped and designed for the technical education of clay, ce- 
ment and glassworkers, in all branches of the art which ex- 
ist in this state, or which profitably can be introduced and 
maintained herein from the mineral resources thereof, in- 
cluding the manufacture of earthernwares, stonewares, yel- 
lowwares, whitewares, china, porcelain and ornamental pot- 
tery, the manufacture of sewer-pipe, fire-proofing terra- 
cotta, sanitary claywares, electric conduits and specialties, 
fire-bricks and all refractory materials, glazed an enameled 
bricks, pressed bricks, vitrified paving material as well as 
the most economic methods in the production of the coarser 
forms of bricks used for building purposes; and the manu- 
facture of tiles used for paving, flooring, decorative wall- 
paneling, roofing and draining purposes; also the manufac- 
ture of cement, concrete, artificial stone and all kinds of 
glass products and all other clay industries, represented in 
this state. (91 v. 164 §1.) 

Section 7959. Such department shall offer special 
instruction to clay-workers on the origin, composition, 
properties and testing of clays, the selection of materials 
for different purposes, the mechanical and chemical prepa- 
ration of clays, the laws of burning clays, the theory and 
practice of the formation of clay bodies, slips and glazes, 
and the laws which control the formation and fusion of 
silicates. (91 v. 164 § 2.) 

Section 7960. Such department shall be provided 
with an efficient laboratory desinged especially for the prac- 
tical instruction of clay-workers in the list of subjects 
enumerated in section seventy-nine hundred and fifty-eight, 
and also be equipped to investigate into the various troubles 
and defects incident to every form of clay working, which 
cannot be understood or avoided except by use of such 
scientific investigation. Such laboratory shall be equipped 
with apparatus for chemical analysis, with furnaces and 
kilns for pyrometric and practical trials, with such machin- 
ery for the grinding, washing and preparation of clays for 
manufacture, as is consistent with the character of the de- 
partment. (91 V. 164 § 3.) 



Collections of 
speciratens of 
geology, etc. 



Department of 
ceramics. 



Special in- 
struction 
therein. 



Laboratory. 



356 



COLLEGES AND UNIVERSITIES. 



Expert. Section 7961. To conduct this department of ceram- 

ics, the board of trustees shall employ a competent ex- 
pert, who shall unite with the necessary education and 
scientific acquirements, a thorough practical knowledge of 
clay-working, and not less than two years' actual experi- 
ence in some branch of the art. He shall teach the theo- 
retical part of the subject, conduct the laboratory for the 
instruction of students, prosecute such scientific investiga- 
tions into the technology of the various clay industries as 
may be practicable, and from time to time publish the re- 
sults of his investigation in such form that they will be 
accessible to the clay-workers of the state for the advance- 
ment of the art. (91 v. 164 § 4.) 

Establishment SECTION 7961-1. That the board of trustees of the 

expe^HmJnt""^ Ohio State uuivcrsity be, and are hereby authorized and 

station at required to establish an organization to be known as the 

engineering experiment station of the Ohio state university, 

to be affiliated and operated in connection with the college 

of engineering. (103 v. 647.) 



Purposes of 
station. 



Board of trus- 
tees shall have 
control; admin- 
istrative and 
fiscal officers, 
terms. 



Laboratories, 
and equipment 
of college 
available for 
use. 



Section 7961-2. The purpose of the station shall be 
to make technical investigations and to supply engineering 
data which will tend to increase the economy, efficiency and 
safety of the manufacturing, mineral, transportation and 
other engineering and industrial enterprises of the state, 
and to promote the conservation and utilization of its re- 
sources. (103 V. 647.) 

Section 7961-3. The station shall be under the control 
of the board of trustees of the university, through the regu- 
lar administrative and fiscal officers. The board shall ap- 
point a director on recommendation of the president of the 
university. There shall be an advisory council of seven 
members, appointed by the board of trustees, of which coun- 
cil the director shall be ex-officio a member, and chairman, 
said director and the other six members to be chosen from 
the faculty of the college of engineering. The terms of 
these members shall be for three years, except that when 
first organized, two members shall be appointed for one 
year, two members for two years, and two for three-year 
terms respectively. It shall be the duty of the director and 
advisory council to select suitable subjects for investigation 
apportion the available funds, and provide for the dissem- 
ination of the results to the people of the state. (103 v. 

647-) 

Section 7961-4. The various laboratories of the col- 
lege of engineering and the equipments shall be available 
for the use of the engineering experiment station, provided 
always that their use for instruction and research in the 
regular work of the college shall take precedence over their 
use by the station. The director of the station shall have 
authority to procure for temporary or permanent use such 



COLLEGES AND UNIVERSITIES. 357 

additional equipment as may be needed, and install the same 
in the laboratories of the college or elsewhere. (103 v. 

647.) 

Section 7961-5. The engineering experiment station station shall 
shall not be conducted for the private or personal gain of ducted fo? 
any one connected with it, or for the financial advantage of e^i" °^ ^^- 
the Ohio state university as an organization, or for the sole of o. s. u. 
benefit of any individual, firm or corporation. 

Any commission, board, bureau or department of the Assistance to 
state, or any institution owned by the state, may seek as- boaS'"^"?' 
sistance of the engineering experiment station, and such re- of the 'state' 
quests shall have precedence over all other outside requests, preflrred. 
The advisory council of the engineering experiment station 
is, however, empowered to decline such requests or to re- 
quire that the expense of such investigations shall be borne 
in part or in whole by the commission, board, bureau, or 
department of state, or institution owned by the state, 
making such requests. 

Any individual, firm, or corporation may seek the as- individual, 
sistance of the engineering experiment station; the advisory ^^' ^^^-^ 
council of said station is, however, empowered to decline assistance. 
to render such assistance or to require that any expense in- 
cidental to such assistance shall be borne in part or in whole 
by the individual, firm or corporation seeking such assist- 
ance, and the advisory council of the engineering experi- 
ment station is further authorized at its option to publish 
the results of such investigations. 

Nothing in this bill shall be construed as in any way 
limiting the powers of the advisory council of the engineer- 
ing experiment station to carry on lines of investigation 
upon its own initiative. (103 v. 647.) 

Section 7962. The board of trustees of the univer- Establishment 
sity are required to establish therein, a school of mines and of a school 
mine engineering, in which shall be provided the means for ° "^1"^^. 
scientifically and experimentally studying the survey, open- 
ing, ventilation, care and working of mines. Such school 
shall be provided with a collection of drawings, illustrating 
the manner of opening, working, and ventilating mines ; 
with the necessary instruments for surveying, measuring 
air, examining and testing the noxious and poisonous gases 
of mines, and with models of the most improved machinery 
for ventilating and operating .all the various kinds of mines 
with safety to the lives and health of those engaged therein. 
Such school also shall be provided with complete mining 
laboratories for the analysis of coals, ores, fire-clays and 
other minerals, and with all the necessary apparatus for 
testing the various coals, ores, fire-clays, oils, gases, and 
other minerals. (85 v. 155 § i.) 

Section 7963. The board of trustees shall employ Employment 
competent persons to give instruction in the most improved fnslruJtors °^ 
and successful methods of opening, operating, surveying 
and inspecting mines, including the methods and machinery 



358 



COLLEGES AND UNIVERSITIES. 



employed for extracting coal, ore, fire-clay, oil, gas and 
other minerals from the pit's mouth and for facilitating 
the ascent and descent of workmen, the draining and free- 
ing of mines from water, the causes of the vitiation of air, 
the quantities of fresh air required under the various cir- 
cumstances, natural ventilation, mechanical ventilation by 
flues and fans, and other ventilating machinery, the use of 
air-engines, air compressors and coal cutting machinery; 
also instruction in the various uses of coals, ores, fire-clays, 
oils, gases and other minerals, and the methods of testing, 
analyzing and assaying such minerals ; and the methods 
employed in metallurgical and other processes in the re- 
duction of ores and in determining in the qualities of met- 
als, particularly iron and steel as shown by practical and 
laboratory tests. There also shall be kept in a cabinent 
properly arranged for ready reference and examination, 
suitably connected with such school of miners, samples of the 
specimens from the various mines in the state, which may 
be sent for analysis, together with the names of the mines 
and their localities in the counties from which they were 
sent, with the analysis and a statement of their properties 
attached. Such person shall also furnish an analysis of all 
minerals found in the state, and sent to him for that purpose 
by residents thereof. (85 v. 155 § 2.) 

Written anal- SECTION 7964. The profcssor occupying the chair in 

ysis of fertii- i;^^ chcmical and mechanical department of the university. 

upon application, shall make and give a written analysis of 

artificial fertilizers furnished to him for that purpose. (75 

V. 91 § 2.) 

For an act to establish a state forestry bureau, 82 v. 135, see G. C. Sec. 
1166, et seq. 



Funds from 
sale of land 
scrip. 



Investment of 
interest of 
"scrip fund." 



Section 7971. All funds derived from the sale of 
land scrip issued to this state by the United States, in pur- 
suance of any act of congress, together with the interest 
accumulated thereon, shall constitute a part of the irre- 
ducible debt of the state, the interest upon which, as pro- 
vided by law shall be paid to the university by the auditor 
of state, upon the requisition of the commissioners of the 
sinking fund, issued on the certificate of the secretary of 
the board of trustees, that it has been appropriated by such 
trustees to the endowment, support, and maintenance of 
the university, as provided in such act of congress. (75 
V. 126 § 8.) 

Section 7972. On the first days of January and July 
in each year, the auditor of state shall invest the interest 
arising from the "agricultural college scrip fund" in the 
same manner in which the principal thereof is invested. 
(67 V. 16 § 2.) 

For acts authorizing certificates of indebtedness to be issued in 
anticipation of the levies under G. C. Sec. 7575; 88 v. 591; 89 v. 321; 92 v. 191, 
285; 94 v. 94; 95 v. 545. 

Refunding certificates issued under acts of 1891, 1892: 91 v. 62. 



COLLEGES AND UNIVERSITIES. 



359 



Section 7973. The College of Agriculture and Do- 
mestic Science of the university shall arrange for the ex- 
tension of its teachings throughout the State, and hold 
schools in which instructions shall be given in soil fertility, 
stock raising, crop production, dairying, horticulture, do- 
mestic science and kindred subjects. No such school shall 
exceed one week in length, and not more than one be held 
in any county during a year. (100 v. 11 § i.) 

The statutes confer authority upon the Ohio State university 
to lawfully hold an agricultural extension school upon the campus 
of the university, provided no other such school is held in Franklin 
county during the same year. — Attorney General, 1912, p. 994. 

Section 7974. In addition to the holding of such 
schools, such college shall give instruction and demonstra- 
tions in various lines of agricutlure, at agricultural fairs, 
institutes, granges, clubs, or in connection with any other 
organizations, that, in its judgment, may be useful in ex- 
tending agricultural knowledge. The work in extension 
may also include instruction by mail in agricultural and me- 
chanical arts, and the publication of bulletins designed to 
carry the benefits of its teachings to communities remote 
from the college. Any common carrier is authorized and 
empowered to carry the persons employed by, and the equip- 
ment and exhibits used in such instruction and demonstra- 
tion, free or at reduced rates. (loi v. 256.) 

The statutes confer authority upon the Ohio State university 
to lawfully hold an agricultural extension school upon the campus 
of the university, provided no other such school is held in Franklin 
county during the same year. — Attorney General, 1912, p. 994. 

Section 7974-1. There is hereby created and estab- 
lished a state agricultural school to be located at New 
Lyme, in the county of Ashtabula, to be connected with the 
Ohio State University, and under the supervision and con- 
trol of the board of trustees of said university. (106 v. 
320.) 

Section 7974-2. Said board of trustees may receive 
and hold in trust for the special use and benefit of said state 
agricultural school, any grant, gift or bequest of land or 
personal property, and also the lands, moneys, notes, mort- 
gages and other personal property now held in trust for 
educational purposes by the board of trustees of New Lyme 
Institute located at New Lyme in the county of Ashtabula. 
(106 V. 320.) 

Section 7974-3. The, board of trustees of the Ohio 
State University, in connection with the faculty thereof, 
shall provide for teaching in said school during a period of 
at least eight months in each year, such branches of learn- 
ing as are related to agriculture, the mechanic arts, home 
economics and such other scientific and classic studies as 
will prepare students for ef^cient citizenship, for vocational 
and industrial pursuits, and for admission to colleges and 
universities. (106 v. 320.) 



County 
schools. 



Instructions 
by mail. 



Establishment 
of agricultural 
school at New 
Lyme; control 
and super- 
vision. 



Trustees may 
receive and 
control certain 
property. 



Branches of 
learning to be 
taught. 



36o 



COLLEGES AND UNIVERSITIES. 



Normal and 

industrial 

department. 



Board of 
trustees. 



Choosing of 
trustees by- 
university 
board. 



Vacancies. 



Names of 
trustees to be 
certified to 
governor. 



WILBERFORCE UNIVERSITY. 

Section 7975. A combined normal and industrial 
department shall be established and .maintained at Wilber- 
force university, in Greene county, Ohio. (84 v. 127 §1.) 

Section 7976. The government of such department 
shall be vested in a board of nine trustees to be known as 
''the board of trustees of the combined normal and indus- 
trial department of Wilberforce university." Five mem- 
bers of such board shall be appointed by the governor, by 
and with the consent of the senate, and three members 
thereof shall be chosen by the board of trustees of the uni- 
versity. The president of the university shall be ex-officio 
a member of the board. The governor shall appoint one 
member of such board each year, who shall serve five years, 
and whose term shall begin upon the first day of July in 
such year. Such appointment shall be made during the 
session of the senate next preceding the beginning of such 
term. (92 v. 275 § 2.) 

Section 7977. One member of the board shall be 
chosen by the board of trustees of the university at a regu- 
lar meeting in each year, and shall hold office for the term 
of three years from the thirtieth day of June in such year. 
(89 V. 368 § 3.) 

Section 7978. In case a vacancy in that portion of 
the board appointed by the governor or chosen by the uni- 
versity board occurs from death, resignation, or other cause, 
the appointment or selection to fill such vacancy shall be 
made in the one case by the governor, and in the other by 
<the executive board of the university for the unexpired 
term. (84 v. 127 § 4.) 

Section 7979. Forthwith upon a choice by the uni- 
versity board of a trustee, the secretary of the university 
shall certify to the governor, under the university seal, the 
name of the persons so chosen as trustees, and shall also in 
a like manner certify the name of the person chosen by 
the executive board at any time to fill a vacancy. (84 v. 
127 § 5.) 



Meetings of Section 7980. The board of trustees so created shall 

eSJfenses. ^^^^^ meet in regular session at the university twice a year. The 
first meeting shall be on the third Thursday in June, and 
the second on the first Thursday in November of each 
year. Other meetings may be held at such places and, 'times 
as a majority of the board determines. The trustees shall 
receive no compensation, but shall be reimbursed their 
traveling and other reasonable and necessary expenses out 
of appropriations under this sub-division of this chapter. 
(89 V. 368 § 6.) 

When a member of the board of trustees of Wilberforce uni- 
versity acts as secretary for the board, he may not receive com- 



COLLEGES AND UNIVERSITIES. 



361 



Powers and 
duties of 
trustees. 



pensation for such work, although an appropriation has been made 
by the legislature for the purpose of compensating him for his 
extra work. — Attorney General, 1913, p. 1028. 

Section 7981. The board of trustees shall take, keep 
and maintain exclusive authority, directions, supervision 
and control over the operations and conduct of such normal 
and industrial department, so as to assure for it the best 
attainable results with the aid secured to it from the state. 
The board shall determine the branches of industry to be 
pursued, purchase through a suitable and disinterested 
agent, the necessary means and appliances, select a superin- 
tendent for the industrial branch of the department, fix 
his salary and prescribe his duties and authority. The ex- 
penditures of all moneys appropriated for carrying out the 
purposes and provisions of this subdivision of this chapter, 
shall be made only under such regulations and for such 
specific, purposes not therein provided for, as the board of 
trustees of such department establish. No money appro- 
priated by the state shall be used for any purpose not in 
direct furtherance and promotion of the objects of the de- 
partment. (84 V. 127 § 7.) 

Sectiion 7982. No sectarian influence, direction or Non-sectarian 
interference in the management or conduct of the affairs depIrtmJnt°^ 
or education of such department shall be permitted by its 
board; but its benefits shall be open to all applicants of 
good moral character and within the limitations of age de- 
termined by the board. (84 v. 127 § 8.) 

Section 7983. The treasurer of such department Bond of treas- 
shall give to the state a bond to be approved by the attorney ^[^^J> "^''^^^ 
general in the sum of one thousand dollars conditioned that 
he shall faithfully discharge his duties and account for any 
money coming into his hands from the state. Such bond 
shall be deposited with the secretary of state and kept in 
his office. (106 v. 519.) 

Section 7985. Each senator and representative of the Designation 
general assembly of the state may designate one or more 
youth resident of his district who shall be entitled to attend 
such normal and industrial department free of tuition. (92 
V. 275 § II.) 

Section 7986. For the purpose of carrying out the 
provisions of this subdivision of this chapter, there shall 
be levied annually a tax on the grand list of taxable prop- 
erty of the state, which shall be collected in a like manner 
as other state taxes, and the proceeds of which will con- 
stitute, *'the fund of the combined normal and industrial 
department at Wilberforce university." The rate of such 
levy shall be designated by the general assembly at least 
once in two years. Ff it fails to designate the rate for any 
year, for the fund of the "combined normal and industrial 
department of Wilberforce university" such levy shall be 



of pupils 
by members 
of general 
assembly. 



Levy for 

Wilberforce 

university. 



362 COLLEGES AND UNIVERSITIES. 

thirty-five ten thousandths of one mill upon each dollar 
valuation of such taxable property. This shall be paid to 
the treasurer of the normal and industrial department at 
Wilberforce university in accordance with the provisions 
hereof. All revenue arising from tuitions, sales of products 
or otherwise under the aforesaid department shall be ap- 
plied by its board of trustees to defray its expenses, or to 
increase its efficiency, a strict account of which shall be kept 
by the department board and accompany the report to the 
governor. (102 v. 266.) 

The county auditor has no authority under the Smith one per 
cent, tax law to place upon the tax duplicate any levies over which 
the budget commission has control, before that commission has 
met, organized and performed the duties imposed by Section 
5649-3c, General Code. 

The respective levies for county, township, municipal and 
school purposes are exclusive of t'he levy for state purposes ; but 
levies for all these purposes together with the state levy must not 
exceed, in a given taxing district, the limitations of ten mills, the 
amount of taxes raised in 1910 and fifteen mills, respectively im- 
posed by different sections of the Smith one per cent, tax law. — 
Attorney General, 1911-12, p. 1614. 

There is nothing in the Mooney Bill, 104 O. L. 179, which repeals 
Section 7986, G. C. However, said section must be read in connection with 
said Mooney Bill and the revenues received under the latter part of 
Section 7986, G. C., must be paid into the state treasury and appropriated out 
of same. .Attorney General, Opinion No. 121, March 4, 1915. 



CHAPTER 12. 
SCHOOLS SPECIALLY ENDOWED. 



Section 

7987. Trustees for schools specially endowed. 

7988. Organization of board; oath and bond. 

7989. Filling vacancies; removal. 

7990. Powers and duties of trustees. 

7991. Contracts with board of education of 

district in which school is located. 



Section 

7992. Termination of contract if school be- 

comes sectarian. 

7993. Accounts to be rendered. 

7994. Visitors. 



Section 7987. When any person, by deed, devise, Trustees for 
gift or otherwise, sets apart any lands, moneys, or effects, ckii^^^n-'^^ 
as an endowment of a school or academy, not previously dowed. 
established, but does not provfde for the management 
thereof, the common pleas court of the proper county shall 
appoint five trustees, who shall have the control and man- 
agement of the property, moneys and effects, so set apart, 
and of the school or academy thus endowed. They shall 
hold their offices for five years, and until their successors 
are elected and qualified. But in making the first appoint- 
ment the court shall appoint one trustee for one year, one 
for two years, one for three years, one for four years, and 
one for five years. The trustees shall be a body, corporate, 
with perpetual succession, and by such name as may be 
ordered by the court making the first appointment. (53 
V. 33 § I-) 

The board of trustees of the Toledo university is a legal board vested 
with certain powers, and not a corporation: State, ex rel., v. Toledo, 3 
O. C. C. (N. S.) 468. 

For the appointment of trustees of the Toledo university, see State, ex 
rel., v. Toledo, 3 O. C. C. (N. S.) 468. 

The city of Cincinnati, as a corporation, may take any trust, devise 
and bequest for charitable uses, and it may establish regulations necessary to 
carry out the objects of the trust, in accordance with the wish of the donor 
thus expressed in the instrument, whereby such bequest is made: Perin v. 
Carey, 24 How. 465. 

Section 7988. Immediately after their appointment organization 
the trustees shall organize by appointing a president, secre- of board; 
tary and treasurer, from their own number, and severally bond.^" 
take and subscribe an oath to faithfully discharge the duties 
of trustees, and deposit it with the county auditor. Before 
taking possession of the property, moneys, or effects, con- 
stituting the endowment or trust, they severally shall give 
bond, in such sum as the court requires, with two or more 
sufficient sureties, to be approved by a judge thereof, whose 
approval must be indorsed on the bonds, conditioned for the 
faithful management of the property, moneys, and effects, 
entrusted to them and accountability therefor in such form 
as the court or judge may require. From time to time 
the court may require additional bonds and surety, as ap- 
pears necessary for the preservation of the trust estate. 
The bonds required shall be payable to the state, and de- 

363 



3^4 



SCHCX)LS SPECIALLY ENDOWED. 



Filling va- 
cancies; 
removal. 



Powers and 
duties of 
trustees. 



Contracts 
with board 
of education 
of district in 
which school 
is located. 



Termination 
of contract 
if school be- 
comes sec- 
tarian. 



posited in the office of the county auditor for safe keeping. 
(53 V. 33 § 4.) 

Section 7989. Such court annually shall appoint one 
trustee, to fill the vacancy then occurring; and at any other 
time fill vacancies that occur from any cause, for the un- 
expired term. Upon sufficient cause shown, reasonable 
notice of the time and place of hearing having been given 
to the party interested, such court may remove a trustee, 
and, until a hearing be had, suspend him in the exercise of 
his office. (53 V. 33 § 2.) 

Section 7990. From time to time, trustees may es- 
tablish rules and regulations for the management and safe- 
' -^jping of the property, moneys, and effects, belonging to 
the trust, and the expenditure of the income thereof, and 
also for the management and govrnment of the school or 
academy; which must be consistent with the terms of the 
deed, devise or gift, creating the endowment, and with the 
laws of this .state. They shall not, at any time, or for 
any cause, incur any debt or liability, beyond the net in- 
come of the trust property, moneys, and' effects, or use or 
appropriate it otherwise than to invest for the purposes 
of income, any part of the principal thereof, unless ex- 
pressly authorized so to do by the terms of the deed, de- 
vise or gift, creating the endowment of trust. (98 v. 206 

§3-) 

Section 7991. The trustees of any school heretofore 
established under the provisions hereof, and in no way con- 
nected with any religious or other sect, and the board of 
education of the district in which such school is situated, 
may make contracts whereby such trustees receive into the 
school pupils from such district, who shall receive such 
instruction as is, or may be, provided by law for public 
schools in this state. In consideration of such service by 
such trustees, such board, under the general restrictions of 
the law relating to common schools, in so far as they are 
applicable and not inconsistent herewith, may contribute to 
the maintenance of such school, and pay such part of the 
costs of the erection of additional buildings, and upon such 
conditions, not inconsistent with the deed, devise or gift 
under which the school is established, as is agreed upon by 
such board and such trustees. (98 v. 206 § 3.) 

Section 7992. But after the making of such con- 
tract if such school becomes sectarian or in way con- 
nected with any religious or other sect the contract there- 
upon shall terminate. When, for such cause, a contract 
terminates, no right, title, or interest in or to any building 
toward the cost of which the board of education con- 
tributed shall pass to the trustees until full compensation 
has been made to the board for the contribution made by 
it to the construction of such building. (98 v, 206 § 3.) 



SCHOOLS SPECIALLY ENDOWED. 365 

Section 7993. On the second Monday of September, Accounts to 
in each year, and at such other times as the court requires, ^e rendered, 
the trustees shall render a full and accurate account, state- 
ment, and exhibit, of the condition of the school or acad- 
emy under their management, and the condition of the trust 
estate and funds ; and cause it to be published in such form 
as the court directs. Such account, statement, and exhibit, 
shall be sworn to by the president, secretary, and treasurer, 
or two of them. (53 v. 34 § 5.) 

Section 7994. The common pleas court of the proper visitors. 
county, annually, at the first session after the second Mon- 
day in September, shall appoint three competent and dis- 
interested persons, who may visit any such school or 
academy, examine it together with the condition of the trust 
estate or endowment, and shall report thereon to such 
court. The court shall also authorize such other visitations 
and examinations as appear to be necessary. (53 v. 34 
§ 6.) . 



TITLE IX. PRIVATE CORPORATIONS. 



Division 6. 

CORPORATIONS NOT FOR PROFIT. 

CHAPTER 3. 
EDUCATIONAL. 



Section 

9922. When oft.cers may be appointed and 

degrees conferred. 

9923. Certificate to be filed with secretary of 

state. 

9924. May hold donated property in trust. 

9925. Who to constitute faculty; powers. 

9926. May acquire machinery and land. 

9927. May change stock into scholarships. 

9928. Location may be changed. 



9929. How endowment fund diverted. 



9930. 



Vacancies, caused by amendment 
charter. 



of 



9931. May increase property. 

9932. Borrowing money and issuing bonds. 

9933. Statement to be filed. 

9934. How certain boards may be constituted 

and governed. 

9935. Trustees to be divided into classes. 

9936. Term of office of trustees; vacancies. 

9937. When board may be increased or de- 

creased. 

9937-a. The alumni association may elect one- 
fifth of board. 

9939. How a conference may become a patron. 
When right of representation ceases. 



9941. 

9942. Action to be taken by board. 

9943. 

9948. 

9949. 



)uorum; how constituted. 
Endowment fund corporations. 
How certain boards constituted 
governed. 



and 



9950. 



Increase in number of trustees in cer- 
tain corporations. 

9951. Colleges under ecclesiastical patronage. 

9952. How existing corporations may avail 

themselves of the provisions. 

9953. Copy of acceptance to be filed with sec- 

retary of state. 

9954. Number of trustees and classes. 

9955. Election; term; vacancies; increase of 

board. 
9955-1. Interchangeable use of the word 
"academy" "college" and "univer- 
sity." 



Section 

9955-2. Use of interchangeable word does not 
affect the right or title to any gift, 
grant, device or bequest. 

9956. Assessments. 

9957. Meeting of stockholders; notice. 

9958. How amount of assessment fixed. 

9959. Limit of assessment and collection. 

9960. Board of military academies. 

9961. Board of visitors. 

9962. Duties of board of visitors. 

9963. How term of trustees fixed. 

9964. Certain corporations may change Ijca- 

tion. 

9965. Sale and distribution of property of cer- 

tain corporations. 

9966. Certain colleges may file charter and 

amend. 

9967. Copy of amendment to be filed with sec- 

retary of state. 

9968. Fee of secretary of state. 

9969. Colleges may change name or purpose. 

9970. Procedure and effect. 

9971. Fees of secretary of state. 

9972. Organic rule may be prescribed in ar- 

ticles of certain corporations. 

9973. May add to original objects. 

9974. Acceptance of statutory provisions. 

9975. Accounts of receipts and disbursements. 

9976. Trustees ineligible to other office. 

9977. Attorney-general may enforce duties of 

officers. 

9978. Maj^ increase number of trustees of cer- 

tain corporations. 

9979. Distribution of new members. 

9980. Stock corporations may retire stock. 

9981. Cancellation^ by decree of court. 

9982. Mechanics' institute may borrow money. 

9983. Liability of directors and. trustees. 

9984. How medical colleges may receive bodies 

for dissection. 

9985. Body to be delivered to claimant. 

9986. Interment of body after dissection. 

9987. Notification of relatives. 

9988. Body of strangers or travelers. 

9989. Liability for having unlawful possession 

of body. 



When officers 
may be ap- 
pointed and 
degree con- 
ferred. 



Section 9922. When a college, university, or other 
institution of learning incorporated for the purpose of 
promoting education, religion, morality, or the fine arts, 
has acquired real or personal property, of twenty-five thou- 
sand dollars in value, has filed in the office of the secretary 
of state a schedule of the kind and value of such property, 
verified by the oaths of its trustees, such trustees may ap- 
point a president, professors, tutors, and any other neces- 

366 



EDUCATIONAL. 



367 



sary agents and officers, fix the compensation of each, and 
enact such by-laws consistent with the laws of this state 
and the United States, for the government of the institu- 
tion, and for conducting the affairs of the corporation, as 
they deem necessary. On the recommendation of the 
faculty, the trustees also may confer all the degrees and 
honors conferred by colleges and universities of the United 
States, and such others having reference to the course of 
study, and the accomplishments of the students, as they 
deem proper. (99 v. 262.) 

I 

The board of trustees of the Ohio State university is not a corporation, 
and it cannot sue or be sued in the United States courts: Thomas v. Ohio 
State University, 70 O. S. 92. 

The board of trustees of the Ohio agricultural and mechanical college 
is a branch of the state of Ohio, and is not a corporation: Neil v. Trustees, 
31 O. S. 15. 

A university which has been incorporated by the state, and which is 
exempt from taxation, but which has received no other state aid, and which 
has been endowed by private persons, and which charges tuition, is a private 
corporation; and the courts have no power to regulate or control its internal 
management as long as its trust funds are not diverted from the purpose for 
which they were given. Accordingly, the courts can not review the action 
of such university in dismissing a pupil for a violation of its rules, even 
though he has paid his tuition: Koblitz v. Western Reserve University, 21 
O. C. C. 144, 11 O. C. D. 515. 

Section" 9923. But no college or university shall con- 
fer any degree until the president or board of trustees 
thereof has filed with the secretary of state a certificate is- 
sued by the superintendent of public instruction that the 
course of study in such institution has been filed in his 
office, and that the equipment as to faculty and other facili- 
ties for carrying out such course are proportioned to its 
property and the number of students in actual attendance 
so as to warrant the issuing of degrees by the trustees 
thereof. (104 v. 225.) 



Certificate to 
be filed with 
secretary of 
state. 



Section 9924. A university, college, or academy, or i^^y ^^^^ ^j^. 
the trustees thereof, may hold in trust any property devised, pated property 
bequeathed or donated to such institution, upon any spe- 
cific trust consistent with the objects of the corporations. 
(50 V. 128.) 

If a subscription is made to an iristitution of learning for the purpose 
of paying future obligations, and liabilities are incurred in reliance upon 
such subscription, a suflficient consideration exists, and such subscription can 
be enforced: Wesleyan College v. Love's Executor, 16 O. S. 20; Irwin v. 
University, 56 O. S. 9 (affirming Irwin v. Webster, 7 O. C. C. 269. 4 O. C. D. 
590); Durrell v. Belding, 4 O. C. D. 263; Hooker v. College, 13 Dec. Rep.; 2 
C. S. C. R. 353. 

A subscription to a fund for paying pre-existing debts of a college is 
without consideration and cannot be enforced: Johnson v. Otterbein Uni- 
versity, 41 O. S. 527. 

That a gratuitous subscription cannot be enforced, see Sutton v. Uni- 
versity, 7 O. C. C. 343, 4. O. C. D. 627 (affirmed without report University v. 
Sutton, 54 O. S. 665). 

A devise to a university by will executed within a year before the 
death of the testator, who dies, leaving issue of his body, is invalid by G. C. 
Sec. 10504; but if the daughter of such testator confirms such devise, the 
nephews of such testator to whom the property is given in case the daughter 
does not devise, cannot attack such gift: Ohio State University v. Folsom, 
56 .0. S. 701. 

If such daughter has confirmed such devise by deed, her heirs after 
her death cannot recover the property thus devised: Thomas v. University, 
70 O. S. 92. 

Property may be devised to the city of Cincinnati in trust for estab- 
lishing and maintaining colleges for the education of boys and girls; and 
such city may take such gift in trust: Perin v. Carey, 65 U. S. (24 How.) 
465, 3 O. F. D. 634. 



368 



EDUCATIONAL. 



Who to con- 
stitute faculty; 
powers. 



May acquire 

machinery 
and land. 



May change 
stock into 
scholarships. 



Location may 
be changed. 



Section 9925. The president and professors shall 
constitute the faculty of any incorporated literary college 
or university, may enforce the rules and regulations en- 
acted by its trustees for the government and discipline of 
the students, and suspend and expel offenders, as they deem 
necessary. (50 v. 128.) 

The courts cannot review the expulsion of a student by a private 
educational corporation: Koblitz v. Western Reserve University, 21 O. C. C. 
Ui, U O. C. D. 515. 

The faculty of a college or university may regulate matters 
of discipline, and other matters not so regulated by the board of 
trustees, as they deem best. The faculty acting as a whole may 
enforce such regulations, or it may by proper action transfer 
the power of enforcing such regulation to the president, and may 
also designate an assistant to the president of a college in the 
enforcing of such rules, to act in conjunction with the president 
or in his place when he is absent from the college or university. — 
Attorney General, Opinion No. 845, 1914. 

Section 9926. Any incorporated university, college, 
or academy may connect therewith, to be used as part of 
its course of education, mechanical shops and machinery, 
or lands for agricultural purposes not exceeding three hun- 
dred acres, to which may be attached all necessary buildings 
for carrying on the mechanical or agricultural operations 
of such institution. (50 v. 128.) 

Section 9927. Any company formed in pursuance of 
this title or which exists by virtue of a sepcial act of incor- 
poration, the property of which, is held as stock, and not 
derived by donation, gift, devise, or gratuitous subscription 
may change its capital stock into scholarships when it be- 
comes necessary for the purpose of carrying out the object 
for which it was formed, in the mode provided in this title 
for increasing the capital stock of corporations. (50 v 
128.) 

A college which is incorporated as a private corporation for educational 
purposes has power to receive subscriptions to its endowment fund, but in 
return therefor to give instruction free, either for a limited period or per- 
petually, according to the amount of the endowment: College v. Carey, 
85 O. S. 648. 

Section 9928. A college, university or other institu- 
tion of learning, existing by virtue of an act of incorpora- 
tion, or that hereafter becomes intorporated for any of 
the purposes specified in this chapter, if three-fourths of 
the trustees or directors thereof deem it proper, or if the 
institution is owned in shares, or by stock subscribed or 
taken, by a vote of the holders of three-fourths of the stock 
or shares, may change the location of such institution con- 
vey its real estate, and transfer the effects thereof, and in- 
vest them at the place to which such institution is removed. 
No such removal shall be ordered, and no vote taken 
thereon, until after publication in the manner provided by 
law in case of a sale and distribution of the property of 
such an institution, in which notice shall be fully set forth 
the place to which it is proposed to remove the institution. 
In case of removal, a copy of the proceedings of such meet- 
ing shall be filed with the secretary of state. (52 v. yy.) 



EDUCATIONAL. 



369 



Section 9929. The trustees of a corporation incor- How endow- 
porated to create, hold and manage a college endowment Jjy"rted""^ 
fund, the articles of incorporation of which provide that 
the fund may be applied to any object not inconsistent with 
the purposes of education different from that particularly 
specified therein, may apply to the common pleas court in 
the county where the corporation is located for permission 
to make such change, designating particularly the purposes 
to which it is proposed to apply the fund. On being satis- 
fied that such change is not inconsistent with the object of 
the original creation and institution of the fund, the court 
shall authorize and sanction it. (51 v. 393.) 

The property of a private eleemosynary corporation, although charged 
with the maintenance of a college, or other public charity," is private prop- 
erty within the meaning and protection of that clause of Sec. 19, ot the 
constitution of this state, which declares that "private property shall ever be 
held inviolate": State, ex rel., v. Nefif, 52 O. S. 375. 

The result of the statute passed April 15, 1892 (89 v. 647), relating to 
the Cincinnati college, which, in terms, gives absolute control and manage- 
ment of the affairs and property of the Cincinnati college to the directors of 
the University of Cincinnati, is to take the property of the former and 
donate it to the latter institution. The statute, therefore, conflicts with Art. 
1, Sec. 19, of the constitution of this state, and is void: State, ex rel., v. 
Neff, 52 O. S. 375. 

Section 9930. When a vacancy occurs in whole or vacancies 
part, in the board of trustees of an incorporated college, ^^/ifdm^^t of 
seminary, or academy, by reason of an amendment of the charter, 
charter thereof, or from other cause, and there is no pro- 
vision of law for filling it, within three months after re- 
ceiving information thereof, the governor shall appoint the 
required number of trustees, one-third thereof to serve 
for one year, one-third for two years, and one-third for 
three years. (75 v. 25.) 



Section 9931. A college, university, academy, semi- 
nary, or other institution devoted to the promotion of edu- 
cation, existing by virture of a special act of incorporation, 
or organized under the provisions of any law, whose prop- 
erty came and is held by donation, gift, purchase, devise, 
or gratutious subscription, and the amount of which, or 
the income arising therefrom is limited by such special act, 
or the articles of association adopted by such institution, 
may receive, acquire, possess and hold any amount of prop- 
erty, real, personal or mixed, which its board of directors 
or trustees, for the institution accepts, and by its trustees, 
sell, dispose of and convey it. But such property shall not 
be diverted from the express will of the donor, devisor or 
subscriber. (90 v. 71) 

The creation of a fund- to pay pre-existing debts of a university is not 
a consideration for the promise to pay money to such fund: Johnson v. 
University, 41 O. S. 527. 

Section 9932. The board of trustees of such a col- 
lege, university, academy, seminary, or other institution 
devoted to the promotion of education, in anticipation of 
donations to be received and collections to be made, for 
the purpose of constructing, enlarging or adding to college 
buildings or improvements, may borrow such sum of money 

24 s. L. 



May increase 
property. 



Borrowing 
money and 
issuing 
bonds. 



370 



EDUCATIONAL. 



Statement 
to be filed. 



as they determine to be necessary therefor, and issue bonds 
for it and secure them by a mortgage upon the property on 
which such improvement it to be made, if the property is 
not held by them under some specific trust. (90 v. 71.) 

Section 9933. Before such an institution shall be 
authorized to acquire and hold additional property, the trus- 
tees thereof, at a regular meeting of their board, or at a 
special meeting called for that purpose, from time to time 
shall make and sign a statement specifying the amount of 
additional property which they seek to acquire and hold 
and set forth therein the purposes to which it is to be de- 
voted, which statements shall be entered at large upon the 
record book of the trustees and be filed in the office of the 
secretary of state. (90 v. 72.) 

Section 9934. The board of trustees of any univer- 
cofistituted^ ^ sity or college heretofore incorporated, or which may here- 
after be incorporated, and operating under the patronage 
of one or more conferences or other religious bodies of any 
religious denomination, may accept the provisions of this 
and succeeding sections. 9935, 9936, 9937, 9937-a, 9939, 
9941, 9942 and 9943 by resolution adopted at any regular 
meeting of the board, and entered upon the record of its 
proceedings. After such acceptance the board in all re- 
spects shall be organized, constituted, regulated and per- 
petuated, pursuant to and under said provisions. No right 
acquired by any such board, university or college, under its 
charter or any law of this state, shall in any way be afifected 
thereby. (104 v. 171.) 



How certain 



and 
governed. 



Trustees to be 
divided into 
classes. 



Section 9935. The president of such university or 
college shall, ex officio, be a trustee after the acceptance of 
the provisions of this act by any such university or college. 
At any meeting of such board after the passage of this act, 
such board shall divide its number, not including such 
president, into classes, making one class for each confer- 
ence or religious body at the time patronizing such univer- 
sity or college, and one class for the alumni of such uni- 
versity or college and one class of trustees at large. No 
class shall have less than five members nor more than ten. 
Each conference or other religious body patronizing such 
university shall have the same number of trustees. The 
board of trustees of such university or college may desig- 
nate the number of trustees to be assigned to the alumini 
association and to the class of trustees at large, but the 
combined number of trustees apportioned to said patronizing 
conferences or other religious bodies shall constitute not 
less than three-fifths of the entire board, not including the 
president. (104 v. 171.) 

Term of o«ffice SECTION 9936. The regular term of office of such trus- 

vacancfes"* ^^^^ shall be fivc years, but upon the original formation of 

classes of trustees one or more trustees may be elected for 



EDUCATIONAL. 371 

one, two, three and four-year terms until the regular order 
can be established. The term of office of an equal number 
of trustees in each class, as near as may be, shall expire 
each year. Vacancies which occur in any class of trustees 
in any manner whatsoever except by expiration of time 
shall be filled only for the remainder of the term, but the 
term of office of a trustee shall not expire during any meet- 
ing of the board which does not continue for more than two 
weeks. (104 v. 171.) 

Section 9937. If the number of conferences or other when board 
religious bodies patronizing such university or college shall "eLed^or"" 
at any time be increased or decreased, the board of trustees decreased, 
of such university or college may re-classify said trustees of 
said bodies by an equal reduction of the number in each 
such class when a new conference or other religious body 
becomes a patronizing body and by an equal increase of the 
number in each such class when a conference or other re- 
ligious body ceases to be a patronizing body. Whenever, 
by reason of a change in the number of patronizing con- 
ferences or religious bodies, it becomes necessary to re- 
classify the trustees in said board, the board (a lawful 
quorum being present) shall by appropriate resolution des- 
ignate the number of trustees apportioned to each class and 
certify such apportionment to each patronizing conference 
or other religious body and to such alumni association, and 
all vacancies in such classes thereafter shall be filled in 
accordance with such apportionment. (104 v. 171.) 

Section 9937-a. The alumni composing the alumni The aiumni as- 
association of such university or college may elect as mem- IfecfoneSfth 
bers of the board of trustees of such university or college, of board, 
as many members of such alumni association as there are 
members of the class of alumni trustees assigned or appor- 
tioned to said alumni association by the board of trustees 
of such university or college, this class to constitute not less 
than one-fifth of the entire board, not including the presi- 
dent. This election shall be held under such regulations 
as the alumni association may prescribe and the result shall 
be certified by the proper officials of the amumni associa- 
tion to the board of trustees, which result shall be entered 
upon the records of said board. Such board of trustees 
composed of alumni trustees and trustees elected by pat- 
ronizing conferences or other religious bodies, as provided 
in section 9935 to section 9937-a inclusive, may increase 
its own numbers by the election of a class of trustees at 
large, the number of which class shall be fixed by said board 
of trustees, under the limitations fixed by sections 9935 and 
9937-a. (104 V. 171.) 

Section 9939. Any conference or other religious body How a con- 
not patronizing any particular university or college may {^^^^^ J^^^ 
become a patronizing body upon invitation of the board of oatron. 
trustees of such university or college by a majority vote of 
the whole board. The intention to become such patron- 



V72 



EDUCATIONAL. 



When right of 
representation 
shall cease. 



Action must be 
taken by board. 



Quorum; how 
constituted. 



Endowment 
fund corpo- 
rations. 



How certain 
boards con- 
stituted and 
governed. 



izing body shall be evidenced by the adoption of an appro- 
priate resolution and certification of the same to the board 
of trustees of such university or college, and such certified 
resolution shall be entered upon the minutes of the board 
of trustees of such university or college thereby completing 
the right of such conference or religious body to act as a 
patronizing body. (104 v. 171.) 

Section 9941. If a conference or other religious body 
patronizing a university or college and having a representa- 
tion in its board of trustees, ceases to exist, or ceases to 
patronize such university or college, the right of such con- 
ference or other religious body to such representation shall 
cease, and the board of trustees of such university or college 
shall apportion or distribute the number of trustees in such 
class to the remaining patronizing conferences or other re- 
ligious bodies in order to maintain, as nearly as may be, the 
established number of trustees and equality of representa- 
tion from each patronizing body. (104 v. 171.) 

Section 9942. Before a conference or other religious 
body represented in the board of trustees of such university 
or college shall cease to be represented in said board, the 
board of trustees shall declare and enter in the rcord of its 
procedings that the conditions and contingencies termin- 
ating such representation have taken place. (104 v. 171.) 

Section 9943. Eleven trustees shall constitute a 
quorum of the board of any such university or college, 
whatever the number of trustees if more than twenty is or 
may become ; but when the number is twenty or less, a ma- 
jority thereof shall constitute a quorum. (65 v. 188.) 

Section 9948. The trustees of a corporation incor- 
porated for the purpose of creating a fund, the income of 
which is to be applied to the promotion of education, may 
receive subscriptions for membership in the corporation, 
and they, or a majority of them, by giving ten days' notice, 
by publication in the county where the corporation is 
located, may call a meeting of members to adopt by-laws, 
and elect not more than nine directors. Each member shall 
have a vote for every amount by him subscribed equal to 
that in the articles of incorporation specified as necessary 
for membership, which may be cast in person or by proxy, 
but at no subsequent meeting can a member vote for or be 
eligible as a director who is in arrears to the corporation. 
The trustees shall control the funds and disburse the in- 
come of the corporation as provided by its by-laws. (69 
V. I73-) 

Section 9949. The board of trustees of a university 
college or other institution of learning, incorporated, and 
acting under the patronage of one annual conference or 
other religious body of a religious denomination, may ac- 
cept the provisions of this and the succeeding section, by 
resolution adopted at a meeting of the board, and entered 



EDUCATIONAL. 373 

Upon the record or journal of its proceedings. After such 
acceptance the board shall be organized, constituted, regu- 
lated, and perpetuated as therein provided. No right ac- 
quired by such board, university, or other institution of 
learning, under its charter, or any law of this state, shall 
be impaired or affected thereby. (69 v. 180.) 

Section 9950. The board of trustees of a university increase in 
or college heretofore incorporated, and now under the pat- [ViTtees ?n 
ronage of one annual conference, synod or other religious certain cor- 
body of a religious denomination, may increase the num- ^°^^ ^°"^' 
ber of its trustees, not exceeding six. Such additional trus- 
tees shall be nominated by the collegiate alumni of the uni- 
versity or college from the collegiate alumni of three years' 
standing for appointment or election by such patronizing 
conference or synod, under such regulations as are pre- 
scribed by such board, if it determines to increase the num- 
ber of its trustees and makes such regulations for their 
nomination, by resolution adopted at a regular meeting of 
the board and duly entered on the record of its proceed- 
ings, and, such patronizing or governing conference or 
synod consents to the increase and the rules and regula- 
tions for their nomination. And after such board is so in- 
creased by not exceeding six additional trustees, in all re- 
spects it shall be organized, constituted, regulated and per- 
petuated pursuant to and under its charter, and such pro- 
visions. No rights acquired by such a board, university or 
college, under its charter or any law of this state, shall be 
affected or impaired thereby. (91 v. 155.) 

Section 9951. A corporation may be formed for the colleges under 
promotion of acedemic, collegiate or university education, pafronlge.^^^ 
under religious influences, may set forth in its articles or 
certificate of incorporation, as a part thereof, the name of 
the religious sect, association or denomination with which 
it is to be connected, and grant any ecclesiastical body of 
such religious sect, association or denomination, whether it 
be a conference, association, presbytery, synod, general as- 
sembly, convocation or otherwise, the right to appoint its 
trustees or directors, or any number thereof. It also may 
set forth in its articles or certificate such other rights as to 
the administration of the purpose for which it is organized, 
consistent with the laws of this state and of the United 
States, as the incorporation desires to confer upon the 
ecclesiastical body of such sect, association or denomina- 
tion, and that body may exercise all rights and powers set 
forth therein. (94 v. 331.) 

Section 9952. A corporation formed for the promo- j^^^ existing 

tion of academic, collegiate or university education, under corporations 

religious influences, incorporated under the laws of this themselves of 

state, by special act or otherwise, may avail itself of the y^Jo^g^" 
provisions of the preceding section, as a part of its articles 
or certificate of incorporation, and may confer on an 



374 EDUCATIONAL. 

ecclesiastical body of such religious sect, association or de- 
nomination, it is or proposes to be connected with, whether 
it be a conference, association, presbytery, synod, general 
assembly, convocation or otherwise, any or all of the rights, 
powers or privileges by such section allowed to be con- 
ferred on corporations hereafter organized, and may accept 
the provisions by a vote of the majority of its trustees at 
any regular meeting. (94 v. 331.) 

Copy of ac- SECTION 9953- When so accepted, a copy of the ac- 

fikd^w'iVsec-^ ceptance, certified by the secretary or clerk of its board of 
retary of trustccs or dircctors, shall be sent to the ecclesiastical body 

with which it is or proposes to be connected. If such body 
agrees to accept the powers proposed to be conferred upon 
it, it shall certify its approval upon the certified copy so 
sent, and it thereupon shall be filed in the office of the sec- 
retary of state. When thus filed it will be a part of the 
charter of such corporation, and such ecclesiastical body 
shall exercise all the rights and powers so set forth in the 
articles or certificate of corporation. (94 v. 331.) 

Number of SECTION 9954- After such acceptance the board shall 

ciaJses.^ ^"^ certify it to the patronizing conference or other religious 
body having the right to elect or appoint trustees of such 
university or other institution of learning, at the next meet- 
ing of such conference or other religious body; and there- 
after the board shall consist of twenty-one trustees elected 
or appointed, and the president of such university or other 
institution of learning, who shall be ex-officio a member 
thereof. Such elected or appointed trustees shall be divided 
mto three classes of seven members each. (85 v. 140.) 

Election; SECTION 9955- At the first election of appointment 

candes^^in- ^ftcr such acceptance, one of such classes shall be elected qv 
crease of appointed for one year, one for two years and one for 

three years. In subsequent elections or appointments each of 
the classes of trustees shall be elected or appointed for 
three years. No term of office of such a trustee shall ex- 
pire during a meeting of the board which does not con- 
tinue more than two weeks. Ten mmebers of the board 
shall constitute a quorum. Vacancies which occur in any 
class of trustees otherwise than by expiration of the term 
of office shall be filled only for the remainder of the term. 
Such a university or other institution of learning which 
heretofore accepted the provisions of sections ninety-nine 
hundred and forty-nine, ninety-nine hundred and fifty-four 
and ninety-nine hundred and fifty-five, may increase its 
board of trustees by electing or appointing two additional 
members in each of the classes of trustees herein provided 
for. (85 V. 140.) 

Interchangeable SECTION 9955-1. A corporatiou formcd for the pro- 

wo^rds^'icad- Hiotiou of acadcmic, collegiate or university education under 
emy,^' "col- rcligious influences, and connected with any religious sect, 
"umve??ity." association, or denomination, and to which, whether it be 



EDUCATIONAL. 375 

a conference, association, presbytery, synod, general 
assembly, convocation, or otherwise, it has granted the 
right to appoint its trustees or directors, or any number 
thereof, and which has incorporated into its charter or 
certificate of incorporation as a part of its corporate name 
either one or more of the words "academy," "college," or 
"university," may use one or more of said words not so 
incorporated therein interchangeably with said word or 
words which may have been incorporated therein to the 
same extent and as fully as the word or words so incorpo- 
rated therein has or have been heretofore used in the name 
of such corporation, when authorized so to do by a resolu- 
tion adopted by a majority vote of its trustees, or directors 
at any regular meeting, or special meeting called for that 
purpose. Provided that a copy of such resolution certified 
by the clerk or secretary of such trustees or directors, and 
accompanied by a resolution of consent passed by such 
one of such ecclesiastical bodies as aforesaid, with which 
such corporation is connected, and certified by its clerk or 
secretary, shall first be filed in the office of the Secretary 
of State, and a certified copy thereof shall have been issued 
to and received by said clerk or secretary of such trustees 
or directors. (104 v. 3.) 

Section 9955-2. Nothing herein contained, or the in- Use of inter- 
terchangeable use of said word or words, as herein provided wo^rdl^does not 
and authorized, shall be held or construed as abolishing affect the right 

, -.'.., - , . <=> or title to any 

the use of the origmal corporate name of such corporation, gift, grant, de- 

or as affecting the title, right or possession of such corpora- beq^uest. 

tion to, or of, any gift, grant, devise, or bequest heretofore, 

or hereafter made to it, whether the same shall have been 

made or shall be made in the original corporate name, or 

in one or more of said interchangeable names, or in all of 

such names : And the use of such original incorporate 

name, or one or more of such interchangeable names shall 

be held and construed as vesting in such corporation all 

gifts, grants, devises, and bequests as fully and to the same 

extent as if the same had been made in the name of the 

original incorporated name. (104 v. 3.) 

Section 9956. The proportion that each stockholder Assessments, 
of a college, academy, university, seminary, or other insti- 
tution for the promotion of education, shall be required to 
pay to meet the debts and liabilities of the corporation, may 
be determined and collected in the manner provided by the 
three succeeding sctions. (58 v. 20.) 

Section 9957. The trustees of such a corporation Meeting of 
desiring to avail themselves of such provisions shall call a notJce.^^^^'^^' 
meeting of the stockholders for the purpose of determining 
w^hat amount of its indebtedness shall be paid by each 
stockholder, and give thirty days' notice to the stockholders 
in writing or by publication in some newspaper of general 
circulation in the county where the corporation is located, 



37^ 



EDUCATIONAL. 



How amount 
of assessment 
fixed. 



Limit of as- 
sessment and 
collection. 



Board of mil- 
itary acad- 
emies. 



Board of 
visitors. 



Duties of 
board of 
visitors. 



How term of 
trustees fixed. 



of the time place, and purpose of the meeting, at which 
also, the trustees shall submit a detailed statement showing 
the assets and indebtedness of the corporation. (58 v. 20.) 

Section 9958. A majority in interest of the stock- 
holders present at such meeting may determine what amount 
of the indebtedness of the corporation is to be paid by each 
stockholder, and fix the time and mode for the payment 
of the money assesesd against each stockholder. But these 
provisions shall not interfere with or abridge the right of a 
creditor of the corporation to institute any proceedings 
authorized by law to enforce the liability of stockholders. 
(58 V. 20.) 

Section 9959. The assessment shall be pro rata upon 
the stock subscribed or otherwise acquired by 'each stock- 
holder, and in no case shall exceed the amount for which 
each stockholder is or may be liable by law. A stockholder 
who fails to pay the amount so assessed against him, shall 
be liable in a civil action to be brought in the name of the 
corporation, for the recovery thereof, as in other cases of 
indebtedness. (58 v. 20.) 

Section 9960. The academic board of an institution 
incorporated for military and polytechnical education shall 
consist of the superintendent thereof, the commandant of 
cadets, and the professors. It may make and enforce rules 
and regulations for the government of cadets, but they first 
shall be submitted to and approved by the governor of the 
state. (64 V. 239.) 

Section 9961. The board of visitors of such an in- 
stitution shall consist of the governor, who shall be ex- 
officio a member and the president of the board, of two 
other persons to be named by him, and such other persons 
as the superintendent of the institution appoints. (64 v. 

239-) 

Section 9962. The board of vistors shall meet at the 
institution, on the first day of the annual commencement 
txercises, and examine into the condition of the classes, 
quarters, and commons, the discipline, drill, records of 
standing in study, and conduct of the cadets, and report 
thereon to the legislature at its next session. The board of 
visitors, or any member thereof, may visit and inspect the 
institution at any time. (64 v. 239.) 

Section 9963. At a regular meeting for the election 
of directors or trustees of a college or other institution of 
learning, the authorized voters may determine by vote, 
whether the election of directors or trustees shall be held 
annually, if the term of their election is for a longer period 
than one year, and also what proportion of the entire board 
shall be so elected. At the first election hereunder the 
voters shall designate upon their ballots who shall serve for 



EDUCATIONAL. 



377 



one year, who for two years, and who for three years. 
Vacancies caused by expiration of term of office shall be 
filled by election annually thereafter. (70 v. 125.) 

Section 9964. The trustees of colleges and other in- certain cor- 
stitutions of learning not endowed by voluntary contribu- ?hange"ocT-^^ 
tions, established under special acts of incorporation, and tion. 
which, by the provision thereof are located at particular 
places, may change their location to such other places as 
they deem proper and erect and maintain academies and 
other schools auxiliary thereto. (70 v. 248.) 

Section 9965. The trustees of a university, college, saieanddis- 
or other institution of learning, incorporated by authority tributionof 
of this state under special charter, owned in shares or stock certain cor- 
subscribed or taken, may dispose of its property at public po^'^^'o^^- 
sale, on such terms as to payment as the stockholders by a 
vote of three-fourths of the shares or stock of the institu- 
tion, direct, after giving public notice thereof, by publica- 
tion, for six consecutive weeks in some newspaper pub- 
lished in the county where the institution is located. Such 
notice shall contain a full statement of the terms, time and 
place of sale, and such action of the trustees. The trustees 
may close up the corporate existence of such institution, 
and make an equitable division and distribution of the pro- 
ceeds of the sale among all the holders of shares or stock, 
after the payment of its just debts. (67 v. 24.) 

Section 9966. The trustees of any university, col- certain col- 
lege or institution of learning, incorporated under author- chi^/te?^and^'^ 
ity of this state, owned in shares of stock subscribed and amend, 
paid up in full, by a majority of the owners of such stock, 
for the sole purpose of promoting education, religion and 
morality, or the fine arts, exclusively among males or 
females, on the written petition of the owners of a major- 
ity of such stock filed before its trustees or on the vote of 
the owners of the majority of such shares of paid up stock 
at any general meeting of the stockholders called for such 
purpose, after thirty days' notice published in some news- 
paper published and of general circulation in the county, 
by them, may change the name and enlarge the purposes 
and objects of such university, college or institution, by 
amendments to its charter, approved by the owners of the 
majority of such stock, so that all the educational rights 
and privileges thereof may be bestowed in the co-equal and 
co-ordinate education of both sexes. (85 v. 270.) 

An incorporated college or university may receive subscriptions to an 
endowment fund, and in consideration thereof may agree to furnish tuition 
either for limited periods or perpertually : College v. Carey, 35 O. S. 648. 

Section 9967. When such amendment is adopted and copy of 
the original articles of incorporation of such corporation ?'^^^,^T"*-.^u 

1 . -L n 1 1 i 1 • 1 /v r 1 DC filed with 

have not been nled and recorded in the office of the secre- secretary of 
tary of state, a copy of the amendment and of the original **^**^" 
articles, with a certificate to each of them thereto affixed, 



378 



EDUCATIONAL. 



Fee of secre- 
tary of state. 



Colleges may 
change name 
or purpose. 



Procedure and 
effect. 



signed by the president and secretary of the corporation, 
and sealed with the corporate seal, if any there be, stating 
the fact and date of the adoption of such amendment, and 
that such copy thereof and of the original articles of in- 
corporation are true copies of the originals shall be re- 
corded in such office. When so recorded, such amendment 
shall be in law the sole articles of incorporation of the cor- 
poration. The property, real and personal, corporate fran- 
chises, and endowment funds, gifts, bequests, legacies, or 
mortgage securities, promissory notes, and rights of every 
kind belonging to, vested in, claimed, or possessed by the 
original corporation, by such amendment shall pass to, and 
be enjoyed and exercised by the corporation named, created 
and organized by such amendment for the promotion of all 
the objects and purposes of its creation and organization. 
(85 V. 270.) 

Section 9968. For recording such amendments and 
copies of original articles of incorporation, and furnishing 
a certified copy or copies thereof, the secretary of state 
shall receive a fee of twenty cents per hundred words, to 
be in no case less than five dollars. (85 v. 270.) 

Section 9969. The board of trustees of a university, 
college, or institution of learning, incorporated under au- 
thority of this state, for the sole purpose of promoting 
education, religion and morality, or the fine arts, at a regu- 
lar or special meeting of such board of trustees, called for 
that purpose, after thirty days' actual notice to each and all 
such trustees, may change the name and enlarge the pur- 
poses and objects of such university, college or institution 
of learning, by amendment to its charter, approved by a 
majority of the board ats uch regular or special meeting, 
so called and so notified, for such change of its name, and 
the enlargement of its purposes and objects. (87 v. 8.) 

Section 9970. When such amendment is so adopted 
by the board of trustees of such university, college or in- 
stitution of learning, a copy thereof with a certificate 
thereto affixed, signed by the president and secretary of 
such board and sealed with the corporate seal, if any there 
be, stating the fact and date of such amendment, and that 
such copy is a true copy of the original amendment, shall 
be filed and recorded in the office of the secretary of state, 
and when so filed and recorded such amendment shall be in 
law an integral part of the articles of incorporation of 
such corporation. The property, real, and personal, cor- 
porate powers and franchises, endowment funds, gifts, be- 
quests, legacies, mortgage securities and promissory notes, 
belonging to, such original corporation, by such amendment 
shall pass to, and be enjoyed and exercised by the corpor- 
ation created and organized by such amendment for the 
promotion of the objects of its creation and organization. 
Such new corporation shall be liable for and must perform 



EDUCATIONAL. 379 

all the lawful obligations and contracts of the original cor- 
poration. (87 V. 8.) 

Section 9971. For recording such amendment and Fees of secre- 
furnishing a certified copy or copies thereof, the secretary ^^^^ °^ ^*^^^' 
of state shall receive a fee of twenty cents per hundred 
words, to be in no case les than five dollars. (87 v. 8.) 

Section 9972. An association incorporated for the Organic rules 
purpose of receiving gifts, devises or trust funds to erect, ^rfbedmtr- 
establish, or maintain an academy in any department of tides of cer- 

^ ' 1. r , ..,..-' ^ <. -^ 1 tain corpora- 

fine arts, a gallery for the exhibition of paintings, or sculp- tions. 

ture or works of art, a museum of natural or other curi- 
osities, or speciments of art or nature promotive of knowl- 
edge, or a law or other library, or courses of lectures upon 
science, art, philosophy, natural history, or law, and to 
open it to the public on reasonable terms ; or an industrial 
training school, or a mechanics' institute for advancing the 
best interests of mechanics, manufacturers and artisans, by 
the more general diffusion of useful knowledge in those 
classes of the community, or homes for indigent and aged 
widows and unmarried women, whose directors or trustees 
may be of either sex, in its articles of incorporation may 
prescribe the tenure of office of the trustees or directors, 
the mode of appointing or electing successors, the adminis- 
tration and management of the property, trust and other 
funds of the corporation and such other organic rules as 
are deemed expedient or acceptable to donors, which shall 
be the permanent organic law of the corporation. (84 v. 

31.) 

Section 9973. By certificate duly acknowledged by May add to 
the trustees or directors, and filed in the office of the sec- original 

• • ODlCCtS 

retary of state, such corporations may add to the original 
objects and purposes thereof, any of the several objects 
and purposes, mentioned in the preceding section, not pro- 
vided for by the articles of incorporation. (83 v. 41.) 

Section 9974. Such corporation heretofore incorpor- Acceptance of 
ated under the laws of the state, by certificate reciting statutory pro- 
the organic rules adopted by the corporation as its perma- 
nent organic law, duly acknowledged by the trustees or di- 
rectors, and filed in the office of the secretary of state, may 
accept the provisions of the second preceding section. (83 
V. 41.) 

Section 9975. The officers of such a corporation Accounts of 
charged or intrusted with the receipts and disbursements receipts and 
of its funds or property, shall make and keep acurate and 
detailed accounts of such funds, and the receipts and dis- 
bursements thereof such as are required to be kept by the 
fund commissioners of the state. On or before the third 
Monday in January of each year the trustees shall file with 
the clerk of common pleas court of the county in which 
the corporation is located an abstract of their account which 



38o 



EDUCATIONAL. 



Trustees in- 
eligible to 
other office. 



Attorney-gen- 
erai may en- 
force duties 
of officers. 



May increase 
number of 
trustees of 
certain corpo- 
rations. 



Distribution 
of new 
members. 



shall correspond in date, amount, person to whom paid, 
from whom received, and on what account, with the vouch- 
ers taken or given on account of such receipts and dis- 
bursements. At the same time they annually shall file in 
such clerk's office a report of the names of the donors, the 
kind, amount, or value of gifts of each, and a brief state- 
ment of the conditions and purposes of the gifts. The 
filing of such abstract and report, and the supplying of any 
omission in either, may be enforced by order and attach- 
ment of the common pleas court of the proper county, 
against the trustees, on motion of any respectable citizen. 
(75 V. 135.) 

Section 9976. No trustee of such corporation shall 
be elegible to any office or agency of the corporation to 
which- a salary or emolument is attached, nor shall the trus- 
tees be allowed any salary, emoluments or perquisites, ex- 
cept the right of free ingress to the grounds, rooms, and 
buildings of the corporation. (75 v. 135.) 

Section 9977. On application to the attorney gen- 
eral by five citizens of the proper county, in writing, verified 
by the oath or affirmation of one of them, setting forth 
specific charges against any of the fiscal or other agents or 
trustees of such a corporation, involving a breach of trust 
or duty, he shall give notice thereof to the trustees or agents 
complained of, and inquire into the truth of such charges. 
For this purpose he may receive affidavits, or enforce, by 
process from the court of common pleas of Franklin 
county, the production of papers and the attendance of wit- 
nesses before him. If, on testimony or other evidence, he 
believes the charges or any of them to be true, he shall pro- 
ced, by action in that court, in the name of the state, against 
the delinquent trustee or trustees, fiscal agent or agents, 
and, on the hearing the court may direct the performance 
of any duty, or the removal of all or any of the agents or 
trustees, and decree such other and further relief as is 
equitable. (75 v. 135.) 

Section 9978. The board of trustees of a university 
or college heretofore incorporated, but not under the pat- 
ronage of conferences or other ecclesiastical bodies of any 
religious denomination, may increase the number of such 
trustees to twenty-four, exclusive of the president, or a less 
number, and divide such trustees into six classes, each class 
to serve six years, and one class to be chosen each year, for 
such term. One trustee of each class may be chosen by 
the votes of the alumni of such university or college, if the 
board of trustees so provides by by-law, in which case the 
board also shall provide by such by-laws, a method of nomi- 
nating and electing such appointee of the alumni. (87 v. 
188.) 

Section 9979. The president of such university or 
college shall ex-officio, be a trustee perpetually, and not be 
included in the classes going out in rotation. If in the first 



EDUCATIONAL. 



381 



Stock 
ration 
retire 



corpo- 
s may- 
stock. 



enlargement of the board of trustees, under the preceding 
section it be necessary to distribute new members to the sev- 
eral classes, whose terms will expire by rotation, the dis- 
tribution may be made in such manner as the board directs 
so that no trustee shall be elected for a longer term than 
six years. (Sy v. 188.) 

Section 9980. The board of trustees of a university 
or college in this state organized as a stock corporation and 
not under ecclesiastical patronage, upon the surrender and 
cancellation of all outstanding shares of its capital stock, 
may cause a certificate of that fact, sealed with the corpo- 
rate seal and signed by the president and secretary of such 
board, to be filed in the office of the secretary of state, 
which certificate the secretary of state shall record for 
public use in the records of his office, and certified copy 
of which he shall return to such board of trustees upon 
receipt of a fee of twenty cents per one hundred words, 
to be in no case less than five dollars. Thereupon such 
university or college shall continue its corporate existence 
as a corporation not for profit and with the same powers, 
duties, privileges and immunities as it previously possessed, 
save such as relate to its capital stock. Such board by reso- 
lution may conform the number, tenure and mode of elec- 
tion of its own members to the provisions of the preceding 
section, except, that trustees not authorized to be elected 
by the alumni, shall be elected by the board; and that the 
ex-officio membership thereon of the president of such col- 
lege or university shall be optional with the board. (99 v. 
260.) 

Section 9981. When such a corporation seeking to cancellation 
avail itself of the provisions of the preceding section has by decree of 
procured the surrender for cancellation of not less than 
sixty per cent of the outstanding shares of its capital stock, 
any residue thereof standing upon its books in the names 
of persons, partnerships, societies or corporations that for 
seven years or more have been deceased, dissolved or of 
unknown address, and non-participants in the corporate 
elections, and of whose shares aforesaid no known owner 
exists, may be cancelled by decree of the court of common 
pleas of the county wherein such corporation is located, 
upon its petition, duly certified, being filed therein, making 
such persons, partnerships, societies and corporations or 
their legal representatives parties defendant, and on serv- 
ing such defendants with public notice of the pendency of 
such petition in the manner provided for service by publi- 
cation in civil actions, and upon averment and proof by the 
plaintiff and a finding by the court of the facts as herein- 
before required, and of the further fact that the plaintiff is 
an eleemosynary corporation. Thereupon the shares of 
such defendants shall be deemed to be cancelled and sur- 
rendered, and the decree shall not be vacated or set aside, 
on the application of any such defendant, otherwise than as 
in the case of judgments in civil actions. (99 v. 260.) 



382 



EDUCATIONAL. 



Mechanics' 
institute may 
borrow 
money. 



Libability of 
directors and 
trustees. 



How medical 
colleges may 
receive bodies 
for dissection. 



Body to be 
delivered to 
claimant. 



Interment of 
body after 
dissection. 



Notification 
of relatives. 



Body of 
strangers or 
travelers. 



Section 9982. A mechanics' institute, incorporated 
under the laws of this state prior to the year eighteen hun- 
dred and fifty-one, may borrow money, issue bonds or notes 
therefore at no more than the legal rate of interest, and 
secure them by mortgage upon its real estate. (82 v. 118 

Section 9983. The directors and trustees of such 
corporation shall not be personally liable for debts con- 
tracted by them, as in the preceding section provided. (82 
V. 118 § 2.) 

Section 9984. Superintendents of city hospitals, di- 
rectors or superintendents of city or county infirmaries, di- 
rectors or. superintendents, of workhouses, directors or 
superintendents of asylums for the insane, or other chari- 
table institutions founded and supported in whole or in part 
at public expense, the directors or warden of the peniten- 
tiary, township trustees, sheriffs, or coroners, in possession 
of bodies not claimed or identified, or which must be buried 
at the expense of the county or township, before burial, 
shall hold such bodies not less than thirty-six hours and 
notify the professor of anatomy in a college which by its 
charter is empowered to teach anatomy, or the president of 
a county medical society, of the fact that such bodies are 
being so held. Before or after burial such superintendent, 
director, or other officer, on the written application of the 
professor of anatomy, or the president of a county medical 
society shall deliver to such professor or president, for the 
purpose of medical or surgical study or dissection, the body 
of a person who died in either of such institutions, from 
any disease, not infectious, if it has not been requested for 
interment by any person at his own expense. (93 v. 84). 

Section 9985. If the body of a deceased person so 
delivered, be subsequently claimed, in writing, by a rela- 
tive or other person for private interment, at his own ex- 
pense, it shall be given up to such claimant. (93 v. 84.) 

The next of kin of a decedent have the right to determine the place 
and manner of burial: Smiley v. Bartlett, 6 O. C. C. 234, 3 O. C. D. 432. 

Section 9986. After such bodies have been subjected 
to medical or surgical examination or dissection, the re- 
mains thereof shall be interred in some suitable place at 
the expense of the party or parties in whose keeping the 
corpse was placed. (93 v. 84.) 

Section 9^87. In all cases the officer having such 
body under his control, must notify or cause to be notified, 
in writings the relatives or friends of the deceased person 
(93 V. 84.) 

Section 9988. The bodies of strangers or travelers, 
who die in any of the institutions above named, shall not 
be delivered for the purpose of dissection unless the 



EDUCATIONAL. 383 

stranger or traveler belongs to that class commonly known 
as tramps. Bodies delivered as herein provided shall be 
used for medical, surgical and anatomical study only, and 
within this state. (93 v. 84.) 

Section 9989. A person, association, or company, lability tor 
having unlawful possession of the body of a deceased per- laying unlaw- 
son shall be jointly and severally liable with any other per- of body. 
sons, associations, and companies that had or have had 
unlawful possession of such corpse, in any sum not less 
than five hundred nor more than five thousand dollars, to 
be recovered at the suit of the personal representative of 
the deceased in any court of competent jurisdiction, for the 
benefit of the next of kin of deceased. (Revised Statutes 
of 1880.) 



STATE BUILDING CODE. 



Part 2. 

SPECIAL REQUIREMENTS. 







TITLE 


3- 






SCHOOL BUILDINGS. 




Section 






Section 




12600-44. 


Classification. 




12600-58. 


Passageways. 


12600^5. 


Class of construction required. 




12600-59. 


Elevators. 


1260(M5a. 


Addition to school buildings. 




12600-60. 


Exit doors and windows. 


12600-46. 


Exposure and courts. 




12600-61. 


Scuttles. 


12600^7. 


Sub-divisions and fire stops. 




12600-62. 


Floors of toilet rooms. 


12600-48. 


Heater room. 




12600-63. 


Floor and roof loads. 


12600-49. 


Basement rooms. 




12600-64. 


Heating and ventilating. 


12600-50. 


Dimensions of school and 


class 


12600-65. 


Sanitation. 




rooms. 




12600-66. 


Gas lighting. 


12600-51. 


Rest room. 




12600-67. 


Electric work. 


12600-52. 


Assembly halls. 




12600-68. 


Finishing hardware. 


12600-53. 


Seats, desks and aisles. 




12600-69. 


Fire extinguishers. 


12600-54. 


Light; windows. 




12600-70. 


Fire alarm. 


12600-55. 


Means of egress. 




12600-71. 


Blowers in workshops. 


12600-56. 


Stairways. 




12600-72. 


Guarding machinery and pits 


12600-57. 


Gradients. 









Class of con- 
struction re- 
quired. 



TITLE 3. 
SCHOOL BUILDINGS. 

CLASSIFICATION. 

Section" 12600-44. Under the classification of school 
buildings are included all public, parochial and private 
schools, colleges, academies, seminaries, libraries, museums, 
and art gallaries, including all buildings or structures con- 
taining one or more rooms used for the assembling of per- 
sons for the purposes of acquiring knowledge, or for mental 
training. 

Grade A. Under this grade are included all rooms or 
buildings appropriated to the use of primary, grammar or 
high schools, including all rooms or buildings used for 
school purposes by pupils or students eighteen (18) years 
old or less. 

Grade B. Under this grade are included all rooms or 
buildings appropriated to the use of schools, colleges, 
academies, seminaries, libraries, museums and art gallaries ; 
including all rooms or buildings not included under grade 
"A". (102 V. 586.) 

Section 12600-45. Class of construction required. 
Grade A. Where the main first floor line is eight (8) feet 
or more above the grade line at any entrance to or exit 
from any story above the basement the basement shall be 

384 



SCHOOL BUILDINGS. 385 

rated as the first story. Stories over fifteen (15) feet high, 
measuring from the floor to the ceiHng fine shall be rated 
as two stories. All buildings more than two stories high 
shall be of fireproof construction. 

All buildings two stories high and less shall be of fire- 
proof or composite construction. 

No school building of grade A shall be built more than 
three (3) stories high. 

Grade B. Where any floor level is more than twenty- 
six (26) feet above the grade line at any entrance to or 
exit from the building, the building shall be of fireproof 
construction. 

Where the floor levels are less than twenty-six (26) 
feet above the grade line at any entrance to or exit from 
the building, the building shall be of composite or fireproof 
construction. 

No school building .of grade B shall be built more than 
five (5) stories high, nor shall the topmost floor level be 
more tl-kan fifty (50) feet above the grade line at any en- 
trance to or exit from the building. 

Provided, however, that this provision as to the number 
of stories and the height of the topmost floor level, shall 
not apply to Hbraries in buildings of fireproof construction 
throughout. 

Grades A and B. Exceptions. All buildings one story 
high, without basement and with the floor line not more 
than four (4) feet above the grade line shall be of fire- 
proof, composite or frame construction, providing when 
built of frame construction the same is erected thirty (30) 
feet away from any other building structure or lot line, and 
two hundred (200) feet beyond the city fire limits. (103 
V. 860.) 



Section 12600-453. None of the provisions of section ^^j^iti 



on to 



12600-45 of the General Code shall prevent the construe- school building 
tioh of an addition to any school building two stories high provlsionTof 
or less ; such addition to be of the same construction and 12600-45. 
material as the original building whether it be of fireproof, 
composite or frame construction. Not more than one addi- 
tion shall ever be added to any school building under the 
provisions of this section and the lower floor space of such 
addition shall in no case exceed twelve hundred square 
feet. (104 v. 177.) 

EXPOSURE AND COURTS. 

Section 12600-46. Exposure. No building of grade 
B shall occupy more than ninety-five (95) per cent of a 
corner lot nor more than ninety (90) per cent of an interior 
lot or site. 

No building of grade A shall occupy more than seven- 
ty-five (75) per cent of a corner lot nor more than sev- 
enty (70) per cent of an interior lot or site. The measure- 
ments being taken at the lowest tier of floor joists. 

25 s L. 



386 



SCHOOL BUILDINGS. 



Definitions. 



Inner light 
courts per- 
mitted. 



Fire wall be- 
tween sub- 
divisions. 



No wall of any building coming under this classifica- 
tion containing windows used for lighting school or class 
rooms shall be placed nearer any opposite building, struc- 
ture or property line than thirty (30) feet. 

Courts. By inner court is meant an open shaft or 
court, surrounded on all sides by walls. 

By recess court is meant an open air shaft or court, 
having one side or end opened, and when such opening is 
on a lot line, it is an inner court. 

Recess or inner light courts may be used, providing 
the least distance between any two opposite walls contain- 
ing windows for lighting class and school rooms is equal to 
the height from the lowest window sill to the top of the 
highest cornice or fire wall. All walls to inner or recess 
courts shall be of masonary or other fireproof construction 
(except for buildings of frame construction.) 

No inner or recess court shall be covered by a roof, 
sky-light, or other obstruction. 

If area ways are used for lighting basements, the width 
of the area shall be not less than equal to the height from 
the lowest window sill to the top of the adjoining grade line. 
(102 V. 586.) 

SUB-DIVISIONS AND FIRE STOPS. 

Section 12600-47. Buildings of this classification 
built in connection with a building of a lowxr grade of con- 
struction shall be separated from the other parts of the 
building by a standard fire wall, and all communicating 
openings in these walls shall be covered by double stand- 
ard fire doors, using self closing door on one side of the 
wall and an automatic fire door or an automatic rolling steel 
shutter on the other. The automatic shutters or doors for 
openings used as means of ingress or egress shall be kept 
open during the occupancy of the building. 

All rooms or apartments used for general storage, 
storing of furniture, carpenter shops, general repairing, 
paint shops or other equally hazardous purposes shall be 
constructed with fireproof walls, ceilings and floors, and all 
openings between these rooms or apartments and the other 
parts of the building shall be covered by double standard 
fire doors, using a self closing door on one side of the wall 
and an automatic fire door or an automatic rolling steel 
shutter on the other. 

No open wells communicating between any two stories 
shall be used, except the necessary stair and elevator walls. 

All exterior and court walls of buildings coming under 
this classification (except buildings of frame construction) 
within thirty (30) feet of any other building, structure or 
lot line shall be provided with the following fire stops, viz : 

Walls shall be standard fire walls ; 

All windows shall be automatic standard fireproof win- 
dows, and all door openings shall be covered by standard 



SCHOOL BUILDINGS. 

hinged fire doors without any automatic attachments. 
V. 586.) 

HEATER ROOM. 



387 



(102 



Section 12600-48. Furnaces, hot water heating boil- Boilers. 
ers and low pressure steam boilers may be located in the 
buildings, providing the heating apparatus, breeching, fuel 
room and firing room are inclosed in a standard fireproof 
heater room, and all openings into the same are covered by 
standard self closing fire doors. 

No boiler or furnace shall be located under any lobby, 
exit, stairway or corridor. 

No cast iron boiler carrying more than 10 pounds pres- 
sure or steel boiler carrying more than 35 pounds pressure 
shall be located within the main walls of any school building. 
(102 V. 586.) 

BASEMENT ROOMS. 

Section 12600-49. No rooms used for school pur- Basement 
poses shall be placed wholly or partly below the grade line, '"^^'^s- 
Rooms for domestic science, manual training and recreation 
may be placed partly below grade, provided the same are 
properly lighted, heated and ventilated. (102 v. 5&6.) 



dimensions of school and class ROOMS. 

Section 12600-50. Floor Space. The minimum 
floor space to be allowed per person, in school and class 
rooms, shall not be less than the following, viz. : 

Primary grades sixteen (16) square feet per person. 

Grammar grades eighteen (18) square feet per per- 
son. 

High schools twenty (20) square feet per person. 

All other schools and class rooms twenty-four (24) 
square feet per person. 

Cubical Contents. The gross cubical contents of 
each school and class room, shall be of such a size as to 
provide for each pupil or person not less than the following 
cubic feet of air space, viz. : Primary grades 200 cubic 
feet, grammar grades 225 cubic feet, high schools 250 cubic 
feet and in grade B buildings 300 cubic feet. 

Height of Stories. Toilet, play and recreation rooms 
shall be not less than eight (8) feet high in the clear meas- 
uring from the floor to the ceiling line. 

The height of all rooms, except toilet, play and recrea- 
tion rooms shall be not less than one-half the average width 
of the room, and in no case less than ten (10) feet high. 

Capacity of Rooms. The plans shall be clearly 
marked showing the maximum number of pupils or persons 
to be accommodated in each room. 



Dimensions. 



388 



SCHOOL BUILDINGS. 



Rest rooms. 



Assembly 

halls. 



REST ROOMS. 

Section 12600-51. In all school buildings of grade 
'*A" containing four and not more than eight school or 
class rooms, a rest or hospital room shall be provided, and 
in all school buildings of grade 'A" containing more than 
eight school or class rooms, two such rooms shall be pro- 
vided. 

These rooms shall be provided with a couch and sup- 
plies for first aid to the injured, and where water supply 
is available shall be provided with water closets and sinks. 
(102 V. 586.) 

ASSEMBLY HALLS. 

Section 12600-52. A room seating or accommodat- 
ing more than one hundred (100) persons shall be consid- 
ered as an assembly hall. 

No assembly hall in a building of grade A shall be lo- 
cated above the second story in a building of fireproof con- 
struction, nor above the first story in a building of com- 
posite construction. 

Otherwise assembly halls shall be constructed and 
equipped as called for under part 2, title i. (102 v. 586.) 



Seats, desks 
and aisles. 



SEATS, DESKS AND AISLES. 

Section 12600-53. Securing Seats. Seats, chairs 
and desks placed in class, recitation, study and high school 
rooms seating more than fifteen (15) persons, shall be se- 
curely fastened to the floor. Desks and chairs used by the 
teachers may be portable. 

Assembly Hall Seats and Aisles. Assembly hall 
seats and aisles shall be as called for under part2, title i. 

Class Room Seats and Aisles. Class and school 
rooms shall have aisles, on all wall sides. 

In primary rooms, center aisles shall not be less than 
seventeen (17) inches, and Wall aisles not less than two feet 
four inches (2' 4") wide. 

In grammar rooms, center aisles shall not be less than 
eighteen (18) inches and wall aisles not less than two feet 
six inches (2' 6") wide. 

In high school rooms, center aisle shall not be less than 
twenty (20) inches and wall aisles not less than three (3) 
feet. 

In all other class and school ropms, center aisles shall 
not be less than twenty-four (24) inches, and wall aisles 
not less than three (3) feet. (102 v. 586.) 



Light. 



optic. 

Section 12600-54. The proportion of glass surface in 
museums, libraries and art galleries, shall be not less than 
one (i) square foot of glass to each six (6) square feet of 
floor area. 

The proportion of glass in each class, study, recita- 
tion, high school room and laboratory, shall be not less than 



SCHOOr, BUILDINGS. 



389 



one (i) square foot of glass to each five (5) square feet of 
floor area. (For glass surface in rooms used for domestic 
science and manual training, see part 2, title 7, workshops, 
factories and mercantile establishments.) 

The proportion of glass surface in each play, toilet or 
recreation room, shall be not less than one (i) square foot 
of glass to each ten (10) square feet of floor area. 

Windows shall be placed either at the left, or the left 
and rear of the pupils when seated. 

Tops of windows, except in libraries, museums and art windc 
galleries shall not be placed more than eight (8") inches 
below the minimum ceiling height as established under 
section 7. 

The unit of measurement for the width of a properly 
lighed room, when lighted from one side only, shall be the 
height of the window head above the floor. 

The width of all class and recitation rooms when 
•lighted from one side only, shall never exceed two and one- 
half times this unit measured at right angles to the source 
of light. 

All windows shall be placed in the exterior walls of 
the building, except for halls, corridors, stock and supply 
closets which may be lighted by ventilated skylights or by • 
windows placed in interior walls or partitions. 

Museums, libraries and art galleries may be lighted by 
skylights, or clear story windows. (102 v. 586.) 



MEANS OF EGRESS. 

Section 12600-55. All means of egress or exist, shall be Entrances and 
exit doors unless the same lead to A standard fire escapes, ^'''^''• 
which shall be either exit doors or exit windows. 

Grade A Buildings, of Fireproof Construction. Means 
of egress from rooms in the basement and superstructure 
shall be in proportion to three (3) feet in width to each one 
hundred (100) persons to be accommodated in building ac- 
commodating not more than five hundred (500) persons. 

When buildings accommodate from five hundred ( 500) 
to one thousand (1,000) persons, two (2) feet additional 
exit width shall be provided for each one hundred (100) 
persons or fraction thereof in excess of five hundred (500) 
persons. 

When buildings accommodate more than one thousand 
(1,000) persons, one (i) feet additionalexit width shall be 
provided for each one hundred (100) persons or fraction 
thereof in excess of one thousand (1,000) persons, but in 
no case shall an exit be less than three (3) feet or more 
than six (6) feet wide. 

No inclosed standard fireproof stairways or fire es- 
capes will be necessary for buildings of fireproof construc- 
tion and all exits shall lead to the main corridors. 

Grade A. Buildings of Composite Construction. 
Each room in the superstructure used by pupils as a class 



390 



SCHOOL BUILDINGS. 



Communicat- 
ing doors. 



Exits and 
stairways. 



Location 
of exits. 



or school room, shall have at least two separate and distinct 
means of egress. 

No class, school or high school room shall have more 
than one door or opening between it and the main halls or 
corridors of the building. 

Communicating door between two class or school rooms 
shall not be considered as a means of egress. 

The proportion of exits to the seating capacity shall 
not be less than three (3) feet to each one hundred (100) 
persons to be accommodated. 

One-half of the exits shall lead to the main corridors, 
and th'^ other half to inclosed fireproof stairways, B, C or 
D standard fire escapes or stone, cement or iron steps lead- 
ing to the grade line. No exit door shall be less than 
three (3) feet or more than six feet wide. No fire escape 
or outside stairway shall be used when the height of the 
same exceeds eight (8) feet above the grade line. 

Each room in the basement used by the pupils shall 
have a direct exit not less than three (3) feet wide, with 
stone, cement or iron stairways leading up to the grade 
line. Stairways shall be not less than three feet six inches 
(3^ 6") wide. 

Areaways around such stairways shall have substantial 
hand and guard rails on both sides. 

These exits shall be provided in addition to the usual 
service stairways and means of ingress. 

Grade B. Building of Fireproof or Composite Con- 
struction. Each room or apartment used for any pur- 
poses other than storage shall have two separate and dis- 
tinct means of egress. 

If the various rooms connect directly with a hallway, 
means of egress at each end of the hallway will be sufficient ; 
providing however that it is not necessary to pass one 
means of egress in order to reach the other. 

These means of egress shall be either an inside stair- 
way running continuously from the grade line to the top- 
most story, or from the basement to the grade line ; A, B, 
C or D standard fire escapes ; stone, cement or iron steps 
leading to the grade line ; or self-closing doors leading di- 
rectly to the main corridor of an adjoining section of the 
same building containing a stairway. 

Means of egress shall be at the rate of three (3) feet 
per hundred persons to be accommodated. 

It shall be presumed that half the persons will go to 
either means of egress. 

In libraries, museums, and art galleries, the capacity 
of the building shall be established by allowing to each per- 
son fifteen (15) square feet of floor area in all lobbies, ex- 
hibition rooms, toilet rooms, corridors, stairs and other pub- 
lic parts of the building. 

Grade A and B. Buildings of Frame Construction. 
Each room shall have at least, two three (3) feet exits; 
one leading to the open with steps to the grade, and the 



SCHOOL BUILDINGS, 



other the usual means of ingress; and all steps shall have 
hand rails on both sides. 

Signs. Over each exit door shall be painted a sign in- 
dicating the word EXIT in plain block letters not less than 
six (6) inches high. (102 v. 586.) 



391 



Sign. 



STAIRWAYS. 

Section 12600-56. Grade A, Buildings of Fire- 
proof Construction. Buildings of fireproof construction 
shall have at least two stairway located as far apart as pos- 
sible and the same shall be continuous from the grade line to 
the topmost story. 

The basement shall have at least two stairways located Number of 
as far apart as possible and run from the basement floor construction!^ 
level to the grade line, which stairways may be placed un- 
der the main stairway. No further means of egress will 
be necessary. 

Stairways shall be enclosed with masonry of fireproof 
walls with standard self-closing fire doors at 'each story, 
and shall be provided with platforms and exit doOrs not less 
than three feet (3') -wide at the grade line. 

Grade A. Buildings of Composite Construction. 
Basement stairways shall be enclosed with either brick 
walls not less than nine (9) inches thick, concrete walls six 
inches (6") thick, or hollow tile walls twelve inches (12) 
thick. 

All openings in these walls shall be provided with Seif-ciosing 
standard self-closing fire doors. The width of stairways °°"* 
required under this classification shall be equally divided, 
one-half being placed in the main service stairways and 
the other half in the enclosed fireproof stairs or fire escapes. 
No closet for storage shall be placed under any stairway. 

Grade B, Buildings of Fireproof Construction. 
Stairways shall be separated from the other parts of the 
building by masonry or fireproof partitions with standard 
self-closing fire doors. 

Wire glass not less than one-quarter inch (J") thick, 
set in stationary metal sash and frames may be used in 
place of stairway partitions. No wire glass shall be placed 
in partitions separating stairways from work or storage 
rooms containing highly combustible material. 

Stairways shall be provided with grade line platforms 
with exit doors not less than three (3) feet wide leading to 
streets, alleys or open courts. 

Grade B. Buildings of Composite Construction. 
In buildings of composite construction the stairways shall 
be separated from the other parts of the building by masonry 
or fireproof walls, with fireproof ceiling at the topmost 
story, with fireproof floor at the lowermost level, and all 
openings to these inclosures shall be provided with standard 
self-closing fire doors, 



392 SCHOOL BUILDINGS. 

The above enclosures shall be provided with grade line 
platforms, and with exit doors not less than three (3) feet 
wide leading to streets, alleys or open courts. 

No closet for storage shall be placed under any stair- 
way. 

Monumental Stairs. Monumental stairs from the 
basement to the second story may be used in buildings of 
grade B, providing they are placed as far distant from the 
other stairways as posible. 
Construction Stairway CONSTRUCTION. Width of stairways shall 

of stai?^?ys?"^ be at the rate of three feet per one hundred (100) persons 
accommodated in buildings accommodating not more than 
five hundred (500) persons, when building accommodates 
from five hundred (500) to one thousand (1,000) persons 
two feet of additional stairway width shall be provided for 
every one hundred (lOo) persons or fraction thereof in ex- 
cess of five hundred (500), when buildings accommodate 
more than one thousand (1,000) persons, one foot addi- 
tional stairway width shall be provided for every one hun- 
dred (100) persons or fraction thereof in excess of one 
thousand (1,000) persons. 

No stairway shall be less than three feet six inches 
(3' 6") nor more than six (6) feet wide measuring between 
the hand rails. Stairways over six (6) feet wide shall have 
substantial center hand rails with angle and newel posts 
not less than six (6) feet high. No stairway shall have less 
than three (3) nor more than sixteen (16) risers in any 
run. 

No stairway shall have winders and all nosing shall be 
straight. 

A uniform width shall be maintained in all stairways 
and stair platforms by rounding the corners and beveling 
the angles. 

Hand rails shall be provided on both sides of all stair- 
ways and steps. 

Outside stairways and areaways shall l^e provided with 
guard rails not less, than two feet six inches (2' 6") high. 

Stairways shall have a uniform rise and tread in each 
run as follows, viz. : 

Primary schools shall have not more than a six (6) 
in rise nor less than eleven (11) inch tread. 

Grammar schools shall have not more than a six and 
one-half (6^) inch rise nor less than eleven (11) inch 
tread. 

All other schools shall have not more than a seven (7) 
inch rise nor less than ten and one-half (io-|) inch tread. 

The above dimensions shall be from tread to tread, and 
from riser to riser. 

No door shall open directly upon a stairway, but shall 
open on a platform or landing equal in length to the width 
of the door. 

In combination primary and grammar school buildings 
all stairways below the first floor level shall be designed for 
primary school pupils, and all stairways above the first flooi 



SCHOOL BUILDINGS. 393 

level may be designed for either primary or grammar 
pupils. 

No closet for storage shall be placed under any sttair- 
way. 

All treads shall be covered with rubber or lead mats 
or equal non-slipping surface. (102 v. 586.) 

GRADIENTS. 

Section 12600-57. To overcome any difference in 
floor levels which would require less than three risers, grad- 
ients shall be employed of not over one (i) inch rise in 
twelve (12) inch run. 

Floors at all exits shall be so designed as to be level 
and flush with the adjacent floors. (102 v. 586.) 

PASSAGEWAYS. 

Section 12600-58. No hall or passageway leading to 
a stairway or exit shall be less in width of the stairway or 
exit, as the case may be. 

Hialls and pasasgeways shall be so designed and pro- 
portioned as to prevent congestion and confusion. (102 v. 

586.) 

ELEVATORS. 

Section 12600-59. Elevators shall be enclosed in 
standard fire walls, or by fireproof walls, ceilings and floors, 
and all openings to the enclosures shall be covered by stand- 
ard fire doors for elevators. (102 v. 586.) 

EXIT DOORS AND WINDOWS. 

Section 12600-60. Exit doors shall not be less than Dimensions. 
three (3) feet wide, nor less than six feet four inches (6' 
4") high, level with the floor, swing outward, viz. : toward 
the open, or towards the natural means of egress, and shall 
be so hung as not to interfere with passageways or close 
other openings. 

No single door or leaf to a double door shall be more 
than four (4) feet wide. No two doors hinged together 
shall be used as a means of ingress or egress. Accordion 
doors may be used in dividing class rooms, providing the 
free sections swing outward and give the required amount 
of exit width. 

No double acting, rolling, sliding or revolving exit or 
entrance doors shall be used. 

Exit windows leading to ''A" standard fire escapes 
shall have the lower sash hinged to the side to swing out, 
or hung on weights to rise. This sash shall be not less 
than two feet six inces (2' 6") wide, not less than three 
(3) feet high and not more than two (2) feet above the 
floor line. (102 v. 586.) 



394 SCHOOL BUILDINGS. 

SCUTTLES. 

Section 12600-61. Every building exceeding twenty- 
five (25) feet in height shall have in the roof a bulk-head or 
scuttle not less than two (2) feet wide and not less than 
three (3) feet long, covered on the outside with metal and 
provided with a stairway or permanent ladder leading 
thereto. 

Bulk-head and scuttle doors shall never be locked. 
(102 V. 586.) 

SPECIAL CONSTRUCTION. 

Floors of Section 12600-62. All floors to toilet rooms, lavator- 

toiiet rooms. ies, watcr closct compartments, or any enclosure where 
plumbing fiixtures are used within the building, shall have 
a waterproof floor and base made of non-absorbent inde- 
structible waterproof material, viz. : Asphalt, glass, marble, 
vitrified or glazed tile or terrazzo, or monoHthic composition. 

Base shall be not less than six (6) inches high and 
shall have a sanitary cove at the floor level. 

All basement rooms used by the pupils or public shall 
have a damp or waterproof floor. 

All basement ceilings except where concrete or brick 
is used shall be plastered or be covered with pressed or 
rolled steel ceiling. 

Whenever possible, window and door jambs shall be 
rounded and plastered, except in museums, libraries and 
art galleries. 

All interior wood finish shall be as small as possible 
and free from unnecessary dust catchers. 

Ah floors between the finished portions of the building 
shall be deadened or made sound proof. (102 v. 586.) 

FLOOR AND ROOF LOADS. 

Section 12600-63. In calculating constructing the 
superimposed load uniformly distributed on the various 
floors and roofs shall be assumed, at not less than the fol- 
lowing, viz. : 

Class rooms, sixty (60) pounds per square foot. 

Halls, assembly halls, stairs and corridors, eighty (80) 
pounds per square foot. 

Museums, libraries and art galleries, one hundred (100) 
pounds per square foot. 

Attics not used for storage, twenty (20) pounds per 
square foot. 

Roofs, forty (40) pounds per square foot. (102 v. 

586.) 

heating and ventilation. 

Section 12600-64. A heating system shall be installed 
which will uniformly heat all corridors, hallaways, play 
rooms, toilet rooms, recreation rooms, assembly rooms, 
gymnasiums and manual training rooms to a uniform tem- 
perature of 65 degrees in zero weather; and will uniformly 
heat all other parts of the building to 70 degrees in zero 
weather. 



SCHOOL BUILDINGS. 395 

Exceptions. Rooms with one or more open sides 
used for open air or outdoor treatment. 

The heating system shall be combined with a system Heating and 
of ventilation which will change the air in all parts of the ventilation, 
building except the corridors, halls, and storage closets not 
less than six times per hour. 

The heating system to be installed where a change of 
air is required, shall be either standard ventilating stoves, 
gravity or mechanical furnaces, gravity indirect steam or 
hot water; or a mechanical indirect steam or hot water 
system. 

Where wardrobes are not separated from the class 
room they shall be considered as part of the class room 
and the vent register shall be placed in the wardrobe. 

These wardrobes are separated from the class rooms, 
they shall be separately heated and ventilated the same as 
the class rooms. 

The bottom of warm air registers shall be placed not 
less than eight (8) feet above the floor line, except foot 
warmers which may be placed in the floors of the main 
corridors or lobbies. 

Vent registers shall be placed not more than two 
inches (2") above the floor line. 

The fresh air supply shall be taken from the outside 
of the building and no vitiated air shall be re-heated. The 
vitiated air shall be conducted through flues or ducts and 
be discharged above the roof of the building. 

A hood shall be placed over each and every stove in 
the domestic science room, over each and every compart- 
ment desk or demonstration table in the chemical labora- 
tories and chemical laboratory lecture rooms, of such a 
size as to receive and carry off all offensive odors, fumes 
and gases. 

These ducts shall be connected to vertical ventilating 
flues placed in the walls and shall be independent of the 
room ventilation as previously provided for. 

Where electric current is available electric exhaust 
fans shall be placed in the ducts or flues from the stove 
fixtures in domestic science rooms and chemical labora- 
tories, and where electric current is not available and a 
steam or hot-water system is used, the main vertical flues 
from the above ducts shall be provided with accelerating 
coils of proper size to create sufficient draught to carry 
away all fumes and offensive odors. (102 v. 586.) 

SANITATION. 

Section 12600-65. Where a water supply and sewer- 
age system are available a sanitary equipment shall be in- 
stalled as follows : 

In the superstructure of the building one sink and one 
drinking fountain shall be installed on each floor to each 
six thousand (6000) square feet of floor area or less. 



39^ SCHOOL BUILDINGS. 

In the basement one sink and one drinking fountain 
shall be installed on the males' side, and the same on the 
females' side to each three hundred and fifty (350) pupils, 
or less. 

Sinks shall be the ordinary slop sinks, or in lieu of 
same, lavatories may be used providing the waste plug or 
stopper has been removed. 
Drinking foun- Sanitary school houses drinking fountains with jet giv- 

ciisetsreS' ^"^ a continuous flow of water shall be installed, and no 
tin cups or tumblers shall be allowed in or about any school 
building. 

In libraries, museums and art galleries there shall be 
provided the following fixtures, viz. : 

One water closet to each one hundred (100) females, 
or less. 

One water closet to each two hundred (200) males, 
or less. 

One urinal to each two hundred (200) males, or less. 

The above to be based upon the actual number of per- 
sons to be accommodated, the capacity, being established 
as prescribed under section 12, means of egress. 

In all other school buildings there shall be provided 
the following fixtures, viz. : 

On water closet for each fifteen (15) females or less. 

One water closet for each twenty-five (25) males or 
less. . 

One urinal for each fifteen (15) males or less. 

Toilet accommodations for males and females shall be 
placed in separate rooms, with a traveling distance be- 
tween the same of not less than twenty (20) feet. 

Juvenile or short closets shall be used for primary and 
grammar grade schools. This does not apply when latrine 
closets are used. 

In buildings accommodating males and females it shall 
be presumed that the occupants will be equally divided be- 
tween males and females. 

Where water supply and sewerage systems are not 
available no sanitary equipment shall be installed within 
the building, but pumps in lieu of drinking fountains, 
closets and urinals in the above proportions shall be placed 
upon the school building grounds, and no closets or urinals 
shall be placed nearer any occupied building than fifty 
(50) feet. 

' Where pumps or hydrants are used the outlet shall be 
inverted. 

Buildings more than three stories in height shall be 
provided with toilet rooms in each story and basement, and 
in these shall be installed water closets and urinals in the 
above required ratios in proportion to the number of per- 
sons to be accommodated in the various stories. 

Toilet rooms for males shall be clearly marked "Boys' 
toilet" or ''Men's toilet" and for female "Girl's toilet" or 
"Women's toilet." (102 v. 586.) 



SCHOOL BUILDINGS. 397 



GAS LIGHTING. 



Section 12600-66. A system of gas lighting if used 
shall be installed as follows : 

All outlets in class and recitation rooms shall be 
dropped from the ceiling and be equally distributed so as 
to uniformily light the room. 

The number of burners provided shall not be less than curners. 
the following: 

In auditoriums one three (3) foot burner to each fif- 
teen (15) square feet of floor area. 

In gymnasiums one three (3) foot burner to each fif- 
teen (15) square feet of floor area. 

In halls and stairways one three (3) foot burner to 
each twenty-four (24) square feet of floor area. 

In class and recitation rooms one three (3) foot 
burner to each twelve (12) square feet of floor area. 

Enclosed fireproof stairways, service stairways, cor- 
ridors, passageways and toilet rooms, shall be well lighted 
by aritificial light and said lights shall be kept burning 
when the building is occcupied after dark. 

Burners shall be placed seven (7) feet above the floor 
line. 

No swinging or movable gas fixtures or brackets shall 
be used. (102 v. 586.) 

ELECTRIC WORK. 

Section 12600-67. An electric lighting system if used 
shall be installed as follows : 

All wiring shall be done in coduit. All outlets in wiring. 
class and recitation rooms shall be dropped from the ceil- 
ing and be equally distributed so as to uniformly light the 
room. 

The candle power of lamps provided shall not be less Lighting. 
than the following, viz. : 

Auditorium one candle power to two and one-half 
square feet of floor area. 

Gymnasium one candle power to two and one-half 
square feet of floor area. 

Halls and stairways one candle power to four square 
feet of floor area. 

Class and recitation rooms one candle power to two 
square feet of floor area. 

Enclosed fireproof stairways, service stairways, cor- 
ridors, passageways and toilet rooms shall be lighted by 
artificial light, and said lights shall be kept burning when 
the building is occupied after dark. (102 v. 586.) 

finishing hardware. 

Section 12600-68. All entrance, exit and emergency 
doors shall be equipped with hardware of such nature as 
to be always unlockable from within. 



398 SCHOOL BUILDINGS. 

Locks, knobs, Single outside entrance doors shall have key locks that 

levers, etc. can bc lockcd froni the outside, but can always be opened 
on the inside, by simply turning the knob or lever, or by 
pushing against a bar or plate, whether same are locked on 
the outside or not, the locks being operated by key from 
the outside only. No night latch attachment shall be placed 
on face of these locks, or other bolts, hooks, thumb knobs or 
other locking device shall be placed on these doors. 

Outside doors used for exit purposes only, including 
doors to inclosed fireproof stairways shall have one knob 
latch or a double extension bolt as hereinafter mentioned, 
and no bolts, hooks, or other locking device shall be placed 
on these doors. 

Doors from halls to rooms and cloak rooms shall have 
no locks upon same, but shall be equipped with knob latches 
only. If locks are desired, the same style locks as above 
specified for entrance doors shall be used and the same 
shall be so placed on the door so that they can be locked on 
the hall side, and can always be opened on the room or 
cloak room sides, whether locked on hall side or not. 

One of each pair of outside or inside double doors 
shall have a double extension panic bolt on same, bolt to 
have knob, lever, push bar, push plate, push handle, or 
device whereby the simple act of turning a knob, or lever, 
or pushing against the same w'ill release the top and bot- 
tom bolts at the same time and allow the doors to open. 

Independent top and bottom bolts shall not be used. 

The outer door of each pair of outside and inside dou- 
ble doors shall have lock, or latch as above specified. 

All bolts, latches, face of locks, working parts of ex- 
tension bolts, and other exposed w^orking parts about this 
hardware shall be of cast metal properly protected from 
corrosion. 

Double box windows to A standard fire escapes shall 
be provided with sash locks and two bar lifts, and hinged 
sash with either a sash lock, one knob latch or level bolt. 
(102 v. 586.) 

FIRE EXTINGUISHERS. 

Hose. Section 12600-69. Standard stand pipe and hose shall 

be provided in basement of grade A buildings and in each 
story and basement of grade B buildings with sufiRcient 
length of one and one-half (t|) inch hose to reach any part 
of the story. 

Hose lengths shall be not more than seventy-five (75) 
feet, and where hose of such length will not reach the ex- 
treme portions of the story additional standpipes and hose 
shall be provided. 

Where water supply is not available, standard chemical 
fire extinguishers shall be provided in the proportion of 
one (i) extinguisher to each tw^o thousand (2,000) square 
feet of floor area or less. 

Standard chemical fire extinguishers shall be provided 
in each story above the basement of grade A buildings in 



SCHOOL BUILDINGS. 399 

the proportion of one extinguisher to each two thousand 
(2,000) square feet of floor area, or less. 

All fire extinguishers shall be prominently exposed to 
view and always accessible. (102 v. 586.) 

FIRE ALARM. 

Section 12600-70. All buildings with basement, and q^^^^ 
all buildings over one story high shall be provided with 
eight (8) inch in diameter trip fire gongs with connections 
enabling the ringing of same from any story or basement. 

In semi-detached buildings gongs shall be provided for 
each section and shall be connected up so as to ring simul- 
taneously from any story or basement of either section. 

Gongs shall be centrally located in the main halls, and 
the operating cords shall be placed so as to be always ac- 
cessible. 

'Exceptions. In institutions for the deaf, electric lights 
with red globes shall be placed near each teacher's desk, 
and these shall be operated simultaneously by switches 
placed in each story and basement. (102 v. 586.) 

BLOV^ERS IN WORKSHOPS. 

. Section 12600-71. For blowers, in workshops and fac- 
tories, including rooms for manual training, see General 
Code state of Ohio section 1027. (102 v. 586.) 

GUARDING machinery AND PITS. 

Section 12600-72. For the necessary devices for 
guarding machinery and pits, see General Code, state of 
Ohio, section 1027. (102 v. 586.) 

Section 12600-274. Sec. 2. It shall be unlawful for Alterations, 
any owner or owners, officers, board, committee or other 
person to construct, erect, build, equip or cause to be con- 
structed, erected, built or equipped any opera house, hall, 
theater, church, schoolhouse, college, academy, seminary, 
infirmary, sanitorium, children's home, hospital, medical in- 
stitute, asylum, memorial building, armory, assembly hall 
or other building used for the assemblage or betterment 
of people in any municipal corporation, county or town- 
ship in this state, or to make any addition thereto or altera- 
tion thereof, except in case of repairs for maintenance with- 
out afifecting the construction, sanitation, safety or other 
vital feature of said building or structure, without com- 
plying with the requirements and provisions relating thereto - 
contained in this act. (102 v. 586.) 

Section 12600-278. The provisions of tliis act shall Buildings and 

not apply to the construction or erection of any public build- ^^S"tH *° 

ing or any addition thereto or alteration thereof, the plans does not 

and specifications of which have been heretofore submitted ^^^^^' 
to and approved by the chief inspector of workshops and 
factories ; nor shall they apply to the construction, erection 



400 SCHOOL BUILDINGS. 

or equipment of any public building, addition thereto or 
alteration thereof, where any lot or land has been pur- 
chased for the erection or equipment of such public build- 
ing or where the contract for the constructio'ti, erection or 
equipping of which has been let or entered into prior to the 
date at which this act takes effect ; nor shall the provisions 
prescribing the minimum distance at which buildings or 
structures, or parts thereof, shall be located from any lot 
line, or the provisions relating to open courts and fireproof 
passage-ways, apply when the provisions of this act are, 
or can be, complied with by or with the use of adjoining 
property, and when such adjoining property affords the 
widths and areas as prescribed by this act, and is available 
for the purposes intended, and when such adjoining prop- 
erty is so situated, used, dedicated or deeded, as to preclude 
the erection of any building or structure or part therof on 
the widths and areas so used, during the existence of the 
building or structure erected under the provisions of this 
act. (io6 V. 441.) 

Inspection of SECTION 1031. The chief iuspcctor of workshops and 

ImfotheT^^^ factories shall cause to be inspected all schoolhouses, col- 
buiidings. leges and opera houses, halls, theaters, churches, infirmaries, 

children's homes, hospitals, medical institutes, asylums and 
other buildings used for the assemblage or betterment of 
people in the state. Such inspection shall be made with 
special reference to precautions for the prevention of fires, 
the provision of fire escapes, exits, emergency exits, hall- 
ways, air-space, and such other matters which relate to the 
health and safety of those occupying, or assembling in, 
such structures. (99 v. 232 §1.) 

The specifications of such appliances, additions or alterations as are 
necessary for the proper protection of school children from fire and other 
dangers, and the requirement that such appliances be installed, is not a pro- 
vision for the taking of property without due process of law, but is a mere 
requirement that such property be used in a lawful way, and such a provision 
is a constitutional and valid enactment. Closing school and other buildings 
pending the installation of such appliances is within the police power of the 
state, and the duty of determining what appliances shall be installed may 
properly be delegated as in this act, leaving the details to be worked out by 
the officers so delegated. A board of education, however, would have capacity 
to enjoin oppressive and arbitrary acts whereby schoolhouses are closed and 
children deprived of the advantages of the public schools: Akron Board of 
Education v. Sawyer, 7 O. N. P. (N. S.) 401, 19 O. D. (N. P.) 1. 

An ordinance of the city of Columbus requiring the issuance 
to the owner or his agent of a permit for the construction of a 
building involving installation of sanitary plumbing is not applic- 
able to construction work at the Ohio State University. It is the 
power and duty of the inspector of buildings in the city of Colum- 
bus to approve the plans of buildings of the Ohio State University 
and to enforce the city building code with respect thereto.^ 

The ordinance of the city of Columbus for licensing the 
master and journeymen plumbers and prohibiting work at the trade 
of plumbing in^ the city of Columbus by unlicensed plumbers is 
applicable to persons working on the installation of plumbing at 
the Ohio State University whether employees of the University or 
not. — Attorney General, Opinion No. 1181, 1914. 

Written report SECTION 1032. Upou iuspcction of such structure. the 

district inspector of workshops and factories shall file with 
the chief inspector a written report of the condition thereof. 
If it is found that necessary precautions for the prevention 



of district 
inspector. 



SCHOOL BUILDINGS. 4OI 

of fire or other disaster have not been taken or that means 
for the safe and speedy egress of persons assembled therein 
have not been provided, such report shall specify what ap- 
pliances, additions or alterations are necessary therefor. 
Thereupon the chief inspector shall notify in writing the 
owner or persons having control of such structure of the 
necessary appliances, additions or alterations to be added to 
or made in such structure. (99 v. 232 § 2.) ' 

Where the Inspector of Workshops and Factories prohibits 
the use of a school house until certain repairs are made, but the 
Board of Education decides to erect a new school building instead, 
and the electors vote for a $25,000 bond issue for the construction 
thereof but cannot levy sufficient taxes to pay bonds and maintain 
school, there would be an emergency within the meaning of section 
5649-4, General Code, and the necessary taxes for the retirement of 
bonds required for the purpose might be levied outside of all 
limitations of law. — Attorney General, Opinion No. 888, 1914. 

Section 1033. If such structure is located in a muni- Copy of notice 
cipality, a copy of such notice shall be mailed to the mayor p°(S?cuting 
thereof, otherwise such notice shall be mailed to the prose- attorney. 
cuting attorney of such county. Thereupon the mayor with 
the aid of the police or the prosecuting attorney with the 
aid of the sheriff, as the case may be, shall prevent the use 
of such structure for public assemblage until the appliances, 
additions or alterations required by such notice have been 
^dded to or made in such structure. (99 v. 233 § 3.) 

Section 1034. Upon receipt of such notice, the Owner or agent 
owner or person in control of such structure shall comply ^^ul^n^tTce!^ 
with every detail embodied therein, and upon completion 
thereof report such fact in writing to the chief inspector of 
workshops and factories and to such mayor or prosecuting 
attorney. (99 v. 233 § 4.) 

Section 1035. The plans for the erection of such Approval of 
structure, and for any alterations in or additions to any such plans, 
structure, shall be approved by the inspector of workshops 
and factories, except in municipalities having regularly or- 
ganized building inspection departments, in which case the 
plans shall be approved by such department. (99 v. 233 § 
5-) 

Section 1036. Whoever, being an architect, builder Penalty. 
or other person, alters the plans so approved or fails to con- . 
struct or alter a building in accordance with such plans 
without the consent of the department that approved them, 
shall be fined not less than five hundred dollars nor more 
than one thousand dollars or imprisoned in the county jail 
not less than thirty days nor more than one year, or l^oth. 
(99 V. 233 § 6.) 

Section 1037. Whoever, being a person, firm or cor- penalty, 
porations Or members of a board, and being the owner or 
in control of any building mentioned in section ten hundred 
and thirty-one of this chapter, uses or permits the use of 
such building in violation of any order prohibiting its use 

26 s. I,. 



402 



SCHOOL BUILDINGS. 



Examination 
of public 
buildings as 
to safety in 
case of fire. 



Certificate 
of safety. 



Re-examination 
in case of 
change in 
building. 



When inspec- 



issued as provided by law, or fails to comply with an order 
so issued relating to the change, improvement or repair of • 
such building shall be fined not less than ten dollars, nor 
more than one hundred dollars, and each day that such 
use or failure continues shall constitute a separate offense. 
(99 V. 234 § 9.) 

Section 4648. On application of the owner or person 
having control of an opera-house, hall, theater, church, 
schoolhouse, college, academy, seminary, infirmary, sani- 
tarium, children's home, hospital, medical institute, asylum, 
or other buildings used for the assemblages or betterment 
of people in a municipal corporation, the mayor, civil en- 
gineer, and chief engineer of the fire department shall care- 
fully make a joint examination thereof to ascertain the 
means provided for the speedy and safe egress of persons 
at any time there assembled, and for extinguishing fire at 
or in such place. If the corporation has no such engineer, 
the mayor and two members of council shall make such 
examination. (90 v. 3.) 

The act of April 28, 1908 (99 O. L. 232) (G. C. Sees. 1031 and 1032), 

enlarging the duties of the chief inspector of workshops and factories by 
requiring inspection of schoolhouses and other places of public assemblage, 
and authorizing him where means for safe and speedy egress are insufficient 
to specify such appliances, additions or alterations as are necessary to insure 
proper protection and require that they be installed, is not a provision for the 
taking of property without due process of law but is a mere requirement 
that such property be used in a lawful way and is a constitutional and valid 
enactment: Board of Education v. Sawyer, 7 O. N. P. (N. S.) 401. 

Section 4649. Upon such examination, if it is found 
that such building is abundantly provided with means for 
speedy and safe egress of such persons, and, if above the 
first floor, that it is provided therein with water or other 
equally ef^cient agency, and proper means to apply it, so 
that fire at such place can be immediately extinguished, or 
if the assembly rooms of such church are situated upon the 
ground floor, with a sufficient number of low windows, in 
their opinion, provided for, to secure safe and easy means 
of escape in case of alarm, they or a majority of them, 
shall issue to such owner or person having control, a certi- 
ficate of the fact, which shall continue in force one year, 
unless sooner revoked by council. (62 v. 139.) 

Section 4650. If a change or alteration is made in 
such building, the owner or person having charge of it shall 
notify the mayor of the fact, who shall cause to be made a 
re-examination in all respects like that provided for in the 
preceding section, and if upon such examination such owner, 
or person having control, is entitled to such certificate, it 
shall be issued to him, with Hke effect. (62 v. 39.) 

Section 4657. The chief inspector of workshops and 



tionstobe factorics, or his district inspectors, shall make inspections 

"^ayeaSesr^^ of buildiugs named in the first section of this chapter, as 

to buildings. often as he deems necessary, or upon the written demand 

of the agent or owner of such structures, or upon the 

written request of five or more citizens of the municipal 



SCHOOL BUILDINGS. 403 

corporation, county or township in which such structure 
is located ; and they shall have access to such biuldings at 
any time it is deemed necessary to inspect them. (93 v. 35.) 

Section 1261-3. It shall be the duty of said inspector ot Duties of 
plumbing, as often as instructed by the state board of inspector. 
health, to inspect any and all public or private institu- 
tions, sanitariums, hospitals, schools, prisons, factories, 
workshops, or places where men women or children are or 
might be employed and to condemn any and all unsanitary 
or defective plumbing that may be found in connection 
therewith and to order such changes in the method of con- 
struction of the drainage and ventilation, as well as the 
arrangement of the plumbing appliances, as may be neces- 
sary to insure the safety of the public health. 

Such inspector shall not exercise any authority in 
municipalities or other political subdivisions wherein ordi- 
nances or resolutions have been adopted by the proper au- 
thorities regulating plumbing or prescribing the character 
thereof. (loi v. 395.) 

Section 12487. Whoever maliciously injures or de- injuring and 
faces a church edifice, schoolhouse, dwelling house or other nu'J^sTnce" m 
buildings, its fixtures, books or appurtenances, or commits buildings. 
a nuisance therein, or purposely and maliciously commits a 
trespass upon the inclosed grounds attached thereto or fix- 
tures placed thereon, or an inclosure or sidewalk about such 
grounds, shall be fined not more than one hundred dollars. 
(70 v. 216.) 

Section 12536. Whoever manufactures gunpowder, Manufacturing 
blasting powder, dynamite, nyalite, jovite, dynalite, fulmi- or storing 
nates, nitro-glycerine, nitro-explosive compounds, chlorate Jes^trTctlS 
of potash, explosive compounds, or stores more than one 
hundred pounds thereof within the limits of a municipal 
corporation, or within sixty rods of a factory, workshop, 
mercantile or other establishment, occupied dwelling, church, 
schoolhouse, or building in which people are accustomed to 
assemble, or manufactures it within ten rods of an adjoin- 
ing property not owned or leased by such manufacturer, 
shall be fined not less than one hundred dollars nor more 
than one thousand dollars. (99 v. 212.) 

Section 12537. The distance at which explosives de- Exception to 
scribed in the next preceding section, may be stored with last section. 
relation to the factories, workshops and other buildings 
owned and used solely for the purpose of manufacturing 
such explosives, as a part of a manufacturing plant, shall 
not be governed by the above provision as to distance but 
shall be determined and regulated by the chief inspector of 
workshops and factories upon inspection of the district in- 
spector of explosives. (99 v. 212 § 4.) 



404 



SCHOOL BUILDINGS. 



Using hall, 
theater, etc., 
without certifi- 
cate, or 
obstructing 
aisles. 



Section 12574. Whoever, being the owner of a hall, 
theater, opera house, church or schoolhouse, or having con- 
trol thereof individually or as agent of a society or corpora- 
tion, permits it to be used by public assemblies or schools 
without having the certificate required by law that it is pro- 
vided with the means of speedy and safe ingress and egress, 
or blocks up the aisles and hallways thereof by placing 
chairs or stools therein, or permits them to be occupied by 
persons standing therein or by any obstruction endangering 
the safety of persons therein, or cuts ofif easy escape and 
egress therefrom, shall be fined not more than one thousand 
dollars. (80 v. 28.) 



TITLE XV. PUBLIC SCHOOL. 



CHAPTER I. 

OHIO STATE UNIVERSITY. 

Section 14976. The educational institution hereto- 
fore designated as the Ohio agricultural and mechanical col- 
lege shall be known and designated hereafter as 'The Ohio 
State University." (75 v. 126.) 

Section 14977. A college, to be styled The Ohio Ag- 
ricultural and Mechanical College, is hereby established in 
this state, in accordance with the provisions of an act of 
congress of the United States, passed July 2d, 1862, entitled 
"an act donating public lands to the several states and ter- 
ritories which may provide colleges for the benefit of ag- 
ricutlural and mechanic arts," and said college to be located 
and controlled as hereinafter provided. The leading object 
shall be, without excluding other scientific and classical 
studies, and including military tactics, to teach such 
branches of learning as are related to agricultural and me- 
chanic arts. (67 V. 20.) 

Section 14978. It shall be the duty of the board of 
trustees to permanently locate said agricultural and me- 
chanical college upon lands, not less than one hundred acres, 
which in their judgment is best suited to the wants and pur- 
poses of said institution, the same being reasonably central 
in the state, and accessible by railroad from dififerent parts 
thereof, having regard to healthiness of location, and also 
regarding the best interests of the college in the receipt of 
moneys, lands, or other property donated to said college 
by any county, town, or individual, in consideration of the 
location of said college at a given place: provdied, it shall 
require a three-fifths vote of the trustees to make said lo- 
cation ; and, provided further, that said location shall be 
made on or before the fifteenth day of October, 1870: pro- 
vided, further, that any person acting as a trustee, who shall 
accept or receive, directly or indirectly, any sum or amount 
from any person or persons, to use their influence in favor 
of the location of said college at any particular point or 
place, shall be held to be guilty of a misdemeanor, and on 
conviction thereof by any court of competent jurisdiction, 
shall be fined in any sum not less than one thousand nor 
more than ten thousand dollars: provided, further, that in 
the location of said college the said trustees shall not in 
any event incur any debt or obligation exceeding forty 
thousand dollars; and if, in their opinion, the interests of 

405 



406 OHIO STATE UNIVERSITY. 

the college cannot be best promoted without a larger ex- 
penditure for the location than that sum, then they may de- 
lay the permanent location of the same until the third Mon- 
day of January, 1871, and report their proceedings and 
conclusions to the general assembly: provided, further, that 
said college shall not be located until there are secured 
thereto for such location, donations in money, or unincum- 
bered lands, at their cash valuation, whereon the college 
is to be located, or in both money and such lands, a sum 
equal to at least one hundred thousand dollars. {6y v. 20.) 

The act is not in conflict with §1, Art. XIII, of the Constitution: Neil 
V. Board of Trustees, etc., 31 O. S. 15, 21. 

The act does not constitute the board of trustees a corporation: lb. 

R. subscribed $100 and promised to pay the same to the Ohio Agricul- 
tural and Mechanical College in consideration that said college should be 
located at a specified place. N., in writing, at the same time and place, and 
upon the same consideration, guaranteed the payment of the sum so sub- 
scribed. Said subscription, with the guaranty thereto annexed, was delivered 
to, and accepted by the trustees of the college upon the consideration afore- 
said, as one instrument: Held, that the subscriber and guarantor may be 
jointly sued on said instrument: lb. 

Section i4g'/g. The unsurveyed and unsold lands 
ceded to the state of Ohio by a certain act of congress of 
the United States, approved February i8, 1871, situate and 
being in the Virginia INIilitary District between the great 
Scioto and the Little Miami rivers in said state, be and the 
same are hereby accepted by the state of Ohio, subject to 
the provisions of said act. (70 v. 107.) 

Construction of this act and rights of occupants: Board of Trustees v. 
Cuppett, 52 O. S. 567. 

The cession covered all the title the United States had to and in these 
lands, and all it could convey: State University v. Satterfield, 2 C. C. 86. 

The cession covered all unpatented lands held on surveys based -on Vir- 
ginia military state line warrants, such warrants not being subject to location in 
the district, and entries and surveys made thereon, being utterly null and void, 
and, under § (8430), plaintiff has the title to these lands: lb. 

Possession of these lands by defendant, and those under whom he 
claims, for ninety-two years, will not avail as a defense, as the statute of 
limitations cannot be pleaded against the United States or the state: lb. 

A tax title on these lands does not aid defendant's title, as the lands 
have never been subject to taxation, and the tax deed is void, and nothing 
can be claimed under it: lb. 

See statement of facts in this case under which it was held that the 
proviso of the act of Congress of March 2, 1807, extending the time for 
locating warrants, did not aid defendant's title: lb. 

Section 14980. That the trustees of the Ohio Agri- 
cultural and Mechanical College are hereby authorized to 
demand from all persons who have destroyed or converted 
any timber growing upon the lands ceded to the state of 
Ohio, as stated in the act to which this is supplementary, 
since the date of said act of congress ceding said lands to 
the state of Ohio, full compensation for the timber so de- 
stroyed or converted, and for all damages, and if payment 
shall be refused, to institute proper proceedings in the 
name of said Ohio Agricutlural and Mechanical College, in 
any court of competent jurisdiction, to recover the same 
with damages and costs of suit : provided, that the pro- 
visions of this section shall not apply to timber taken from 
the one hundred and sixty acres by any person who shall 
obtain the title to the same under section three [§(4105 — 
21)] of this act. (70 V. 107.) 



OHIO STATE UNIVERSITY. 407 

Section 14981. The title of said lands is hereby 
vested in the trustees of the Ohio Agricultural and Me- 
chanical College, for the benefit of said college; and said 
trustees are hereby required to cause a complete survey of 
said lands to be immediately made, and a correct plat 
thereof to be returned to said trustees, and to ascertain and 
set off, in reasonably compact form, by accurate boundaries 
to each occupant who was in actual possession of and liv- 
ing upon any of said lands at the time of the passage of 
said act of congress, as provided therein, or their heirs and 
assigns, a tract not exceeding forty acres ; and upon the 
payment, by the claimant, of the cost of surveying and 
making the deed, the said trustees shall make and 
deliver to said claimant a deed for said tract; and if 
any such occupant shall have been in such actual possession 
of more than forty acres, and is desirous of holding the 
same, he shall be entitled to have in addition to said forty 
acres, any number of acres not exceeding, with said forty 
acres, the number of one hundred and sixty acres, to be 
in reasonably compact form, by paying for the said excess 
over forty acres, the sum of one dollar per acre; and if 
any claimant under the provisions of this act shall desire 
to purchase any tract of land adjoining said forty acres, 
not exceeding, including said forty acres, the amount of 
one hundred and sixty acres, of which said claimant shall 
have been in actual possession, but does not desire to pur- 
chase the same at one dollar per acre, said trustees, upon 
notice by said claimant, shall cause said tract or part of 
tract to be sold separate from other tracts of land at a 
valuation fixed upon by the appraisers named in this act, 
payable one-third at the date of the survey, and the resi- 
due in two equal annual installments, with interest at six 
per cent, payable annually, and upon full payment being 
made with the cost of survey and conveyance, said trustees 
shall make and deliver to such claimant, his or her heirs 
or assigns, a deed for said excess over said forty acres : 
provided^ that any person claiming the benefit of the pro- 
visions of this section as occupant, shall comply in all re- 
spects with, and be subject to the provisions of the thir- 
teenth section of the act of congress, approved September 
4, 1841, entitled an act to appropriate the proceeds of the 
sales of the public lands and to grant pre-emption rights, 
and to the rules and regulations of the general land office 
of the United States relating to proof for the establishment 
of pre-emptor's claims : provided, however, that the affi- 
davit required by said thirteenth section of said act of con- 
gress may be made before any justice of the peace or other 
officer authorized to administer oaths. (70 v. 107.) 

Section 14982. All the surveyed and unsold lands 
in said military district, not occupied as aforesaid, shall be 
divided by said trustees into such tracts, not exceeding 
five hundred acres in any one boundary, as will be most 
advantageous, reference being had to the quality of said 



408 OHIO STATE UNIVERSITY. 

lands and the uses to which they will be applied; the 
boundaries to all such tracts and divisions shall be ac- 
curately surveyed, and the lines of each tract plainly 
marked, and substantial stone monuments firmly placed at 
the principal corners. The character of the soil, water- 
courses, elevation of hills, timber, ledges, or stratas of the 
Waverly building stone, iron ore, fire clay, and limestone, 
shall be fully noted by the surveyors on their plats and in 
their field-books. All the tracts so divided and surveyed 
shall be numbered in consecutive order, commencing with 
the tracts in Adams county, and so continuing until all said 
lands in said district shall be platted and numbered ; which 
numbers shall be shown upon the plats, and the said plats 
shall correctly indicate all township lines. The said lands, 
when so divided, surveyed and numbered, shall be ap- 
praised in separate tracts at their true value in money, by 
three qualified freehold residents in said state, to be sum- 
moned by said trustees, or any committee of theirs. Said 
appraisers, before entering upon their duties, shall take 
and subscribe an oath before competent authority honestly 
and impartially to appraise all such lands, and to perform 
all other duties in relation thereto ; they shall each be paid 
two dollars a day for their services, and their expenses 
allowed them ; they shall make due return of all their ap- 
praisements to said trustees, which, with all said plats and 
surveys, shall be delivered by them to the auditor of state, 
and the same shall be recorded in the ofiice of said auditor 
in suitable books to be provided for such purpose ; which, 
with all such original plats, surveys, and papers, shall form 
a part of the public records of the state in the land depart- 
ment of said ofiice. (70 v. 107.) 

The duties of the plaintiff in surveying, dividing, numbering and plat- 
ting these lands and reporting them to the land department of the state, are 
not conditions precedent to vesting the title in plaintiff: State University 
V. Satterf^eld, 2 C. C. 87. 

Section 14983. And the said trustees are hereby 
authorized and required to sell of said lands at public 
or private sale, at a price not less than the appraised value 
thereof, on such terms for cash and credit as may be 
agreed upon between the purchaser and said trustees, or 
any authorized agent of theirs: provided, that the first pay- 
ment shall, in every case, be not less than one-third of the 
appraised value of such tract ; all deferred payments shall 
bear six per cent interest, to be paid annually, and said 
trustees may, in their discretion, extend subsequent annual 
payments through a period not exceeding five years. All 
public sales of said lands shall be by auction, at the front 
door of the court house of the county in which these lands 
so ofifered lie, after having been advertised five consecutive 
weeks in a newspaper published and generally circulated 
in such county; such notices of sale shall contain a sufficient 
description of the premises to clearly identify the same, 
with a statement of the terms of payment and the amount 
of appraisement, and all such ])ublic sales shall be made at 



OHIO STATE UNIVERSITY. 409 

such times as said trustees shall dem expedient ; and in case 
such land or any tract thereof shall not sell for the amount 
of the appraisement at such public sale, then upon the same 
being again offered as aforesaid at public sale, the same may 
be sold for any sum not less than three-fourths of the ap- 
praisement : provided, that no trustee of said college or 
appraiser of said land shall be the purchaser of any of 
said lands at any such sale or sales, either directly or indi- 
rectly. The said trustees shall cause all contracts for the 
sale of said lands to be printed or written in a book or * 

books, stating the consideration and terms of all sales, 
which said contracts shall be signed in duplicate by the . 
said trustees or any authorized agent of theirs, and by the 
purchaser or purchasers, one copy of which shall be pre- 
served in said book, and the other shall be delivered to the 
purchaser at the time the same shall be signed ; and every 
purchaser shall execute his promissory note or notes, with 
interest, payable as aforesaid, for all deferred payments, 
which notes shall be non-negotiable, and payable to said 
college at such place or places as may be directed by said 
trustees; and upon full payment being made by the pur- 
chaser, his heirs, or assigns, for any such land, every such 
person shall be entitled to receive a conveyance therefor in 
fee simple by deed of said trustees, executed by the presi- 
dent of the board, under the corporate seal of said college ; 
and all lands disposed of under the provisions of this act, 
shall be returned by said trustees to the auditors of the 
counties in which they are situate, and by them be placed 
on the duplicate for taxation. (70 v. 107.) 

Section 14984. The proceeds of the sales of such 
lands, or so much thereof as may be necessary, after the 
payment out of the same of all the necessary expenses of 
survey and sale remaining uneertified into the treasury of 
said state, may be used by said trustees in building and 
maintaining upon the lands of said university a suitable 
number of houses, adapted to use as family residences, for 
the use of members of the faculty of said university, for 
which use a fair and reasonable rent shall be paid to said 
university. Said buildings shall be erected under the pro- 
visions of title six of the revised statutes of Ohio ; and the 
said trustees shall annually report to the governor a de- 
tailed statement of receipts and disbursements in the execu- 
tion of the trust under the provisions of this act. (70 v. 
T07.) 

Section 14985. The act entitled an act to sell lands 
ceded to the state of Ohio by the congress of the United 
States by act of congress, approved February i8th, 1871, 
passed March 26, 1872, and the act supplementary thereto 
and amendatory thereof, passed April 29, 1872, be and 
they are hereby repealed : provided, that the passage of 
this act shall in nowise affect affect the validity of the 
transactions of said board of trustees, or rights vested in 



4IO OHIO STATE UNIVERSITY. 

any person, under the provisions of said acts; and this act 
shall take effect and be in force from and after its passage. 
(70 v: 107.) 

Section 14986. The auditor of state be and is re- 
quired to compute the interest which has accrued and will 
accrue on the agricultural college scrip fund since the same 
has been sold, to July first, one thousand eight hundred 
and seventy, compounding the same by semi-annual rests 
on the first day of January and the first day of July in each 
year; and on the fifteenth day of June eighteen hundred 
and seventy to transfer the sum so arising to the said 
college fund, and invest the same in the interest bearing 
bonds of the state, in the same manner as the principal of 
the said fund is now vested, {(y'j v. 15.) 

Section 14987. As soon as the board of trustees of 
the Ohio state university accepts the provisions hereinafter 
made, it is hereby authorized and required to execute and 
deliver upon demand, a deed of conveyance to the parties 
in possession under claim of title of any unpatented survey 
or part thereof, in said Virginia military district; prov- 
vded, however, that all applicants for such deed must fur- 
nish said trustees with a certified copy of the deed under 
which they claim, and if required, a certified copy of the 
unpatented survey in which their lands are situate, as the 
necessary evidence to satisfy the board that the same has 
never been patented, but has been occupied and improved 
by the said parties in possession or those under whom they 
claim title, for more than twenty-one years. Provided, 
also, that each applicant shall pay the board of trustees 
the sum of two dollars, as the cost of preparing and 
executing such deed. (86 v. 92.) 

Section 14988. The auditor of state shall add the 
sum of one dollar per acre, reckoned by the number of 
acres of land in each actual survey for all conveyances 
so made to that part of the irreducible debt of the state, 
which forms the endowment of said Ohio state university; 
provided, that in cases where suit has been brought for 
the recovery of said lands, persons demanding deeds of re- 
lease, shall pay all court costs of such suits. (86 v. 92.) 

Whereas, The gneral assembly of Ohio, on March 14, 
1889, passed the following act, to-wit. : [Here follows a 
repetition of General Code §§ (14987) and 14988)] 

And Whereas, By said act the state of Ohio allowed 
certain persons to quiet and perfect the title to their lands 
for a nominal sum ; and 

Whereas, Other persons in all respects in similar 
circumstances were compelled to pay large sums of money 
for the same purpose ; and 

Whereas, It is just and right that the state of Ohio 
should treat all her citizens with equal justice and liber- 
ality; therefore. 



OHIO STATE UNIVERSITY. 4II 

Section 14989. All persons who were in possession 
of lands in the Virginia military district under claim of 
title of an unpatented survey or part thereof, said lands 
having been occupied and improved by said persons in 
possession or those under whom they claim title for more 
than twenty-oije years and were compelled by suit, or the 
fear thereof, to pay the Ohio state university for said lands, 
are hereby authorized to present a statement of the amount 
of money so paid by them, together with all the facts re- 
lating to the land held by them and their title thereto, to a 
board composed of the secretary of state, auditor of state 
and attorney-general, who are hereby authorized and em- 
powered to examine such statements and call for and ex- 
amine such other testimony as they see fit, and if upon such 
examination said board are satisfied that said persons are 
justly entitled to relief as those persons were who have 
obtained relief under the provisions of the aforesaid act, 
then said board shall determine how much said party has 
wrongfully paid and issue an order to the auditor of state 
directing him to draw his warrant on the treasurer of state 
for the said amount in behalf of the person filing saiS 
statement, provided that where such claims have been here- 
tofore as (or) shall hereafter be allowed by said board, 
the auditor of state shall add the amount thereof to that 
part of the irreducible debt of the state which constitutes 
the endowment fund of said Ohio state university. (91 v. 

375-) 

Section 14990. That there be and is hereby appro- 
priated, out of any money in the state treasury accredited 
to the fund of the Ohio state university, the sum of twelve 
hundred and ninety-six ($1,296) dollars to pay said war- 
rants. (90 V. 221.) 

Section 14991. That persons fifing such statements 
shall pay all the costs incurred in obtaining evidence. (90 
V. 221.) 

Section 14992. Said board shall report all its pro- 
ceedings to the general assembly. (90 v. 221.) 



APPENDIX 

FORMS AND INSTRUCTIONS 

413 



414 



FORMS AND INSTRUCTIONS. 



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27 s. I.. 



4l8 FORMS AND INSTRUCTIONS. 



SUGGESTIVE FORMS FOR THE USE OF SCHOOL BOARDS 
AND OTHER SCHOOL OFFICERS. 



No. 1. 

SCHOOL BOARD PROCEEDINGS. 

(For minutes of board). 

, County, Ohio, 19 ... . 

Upon call of the chairman, the 

Board of Education met in the at 

o'clock, .... M., on the day of 

191. . . ., with the following members present : 



Clerk. 

After the reading and approval of the minutes of the preceding meeting the 
following business was transacted : 

(Here make complete record of all business of the board. All motions 
should be recorded whether carried or lost.) 

The above is a correct record of the proceedings of the board of education 
on ,19.... 



President. 
Clerk. 



No. 2. Section 77G6. 

PLEDGE OF EMPLOYER OF YOUTH. 



, Ohio, 191 



Superintendent of Schools. 

Person duly authorized by the Superintendent of Schools. 

Clerk of Board of Education. 



f We ] 



-| ^promise to employ. 



legally, and to return his age and schooling certificate to you within two days 
after he ceases to work, giving reasons for his withdrawal or dismissal from 

I °"' 1 . 
^ Iservice. 



Print here Sec. 1297.''). 



FORMS AND INSTRUCTIONS. 4I9 

No. 3. Section 77GG. 

AGE AND SCHOOLING CERTIFICATE. 

I , hein.£>: the 

Superintendent of Schools. 
Clerk of the Board of Education. 

Person duly authorized by the Superintendent of Scliools. 
(Underscore your ofificial position.) 

of the School District of Couiit.v. 

Ohio, hereby certify that 

was born at in the County of 

State of , on the day of 10.... ; 

that has been examined in and has passed a satisfactory 

grade test in reading, spelling, writing, English grammar, geography and arith- 
metic; that the papers enumerated and described in Section 1766 of the General 

Code have been duly received, examined and filed, and that said 

the description of whom is as follows : height 

feet inches ; complexion ; hair ; 

eyes ; sex , is as to '. 

development, health and physical fitness, able to perform the labor in which 

is to be employed by 

Approved by me and signed in my presence by the aforesaid 

this day of 19. . . . 

Signed 



Signature of child. 
Title of approving officer. 



Superintendent of Schools. 

Clerk of the Board of Education. 

Person duly authorized by the Superintendent of Schools. 

of School District, County, Ohio, 

hereby certify that I have duly authorized the above named 

to approve the above Age and Schooling Certiiicate. 

Signed 

Superintendent of Schools. 

Clerk of the Board of Education. 

Person duly authorized by the Superintendent of Schools. 

Of School District. 



7766 

7773 

12977 



420 FORMS AND INSTRUCTIONS. 

No. 4. Sections 

NOTICE TO PARENT OR GUARDIAN. 

State of Ohio, .' County, ss. : 

To 

You are hereby notified that , a child between the ages 

of and years, under your charge, is not attending school, 

that such non-attendance is in direct violation of the law and without legal excuse. 

You are hereby required to cause said child to attend some recognized school 
within two days from the date of this notice, and you are warned that if the 
truancy of said child is persisted in the final consequences will be as provided 
by law, as endorsed hereon. 

Witness my hand this day of IP.... 



Truant Officer. 
school district, county, Ohio. 



Print appropriate selection from Sections 7766, 7773 and 12977 on reverse 
of this form. 



'7766 
No. 5. Sections- 

7773 
NOTICE TO TRUANT. 

State of Ohio, County, ss. : 

To , a child between the ages of and years. 

You are hereby notified that you are and will be required to attend some 
recognized school within two days from the date of this notice, and you are 
hereby warned that if this notice is not complied with the final consequences will 
be as provided by law as indorsed hereon. 

Witness my hand this day of , 19. . . . 

) 

Truant Officer. 

school district, county, Ohio. 

Print sections 7773 and 7766 in full on reverse side of form. 



FORMS AND INSTRUCTIONS. 



421 



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422 FORMS AND INSTRUCTIONS. 

No. 7. Section 4777. 

FINAL RECEIPT OF CLERK. 

$ Ohio, , 19... . 

Received of , retiring clerk of school 

district, the sum of dollars, the record book, account book, 

school laws, teachers' certificates and reports, and the other official books and 
papers in his hands. 

Clerk. 



No. 8. Section 4774. 

CLERK'S BOND. 

Know all men by these presents, That we 

are held and firmly bound unto the state of Ohio, in the sum of 

dollars, for the payment whereof we jointly and severally bind ourselves. 

Whereas, the said has been duly chosen and qualified 

as clerk of the board of education of district 

in township, county, and state of Ohio, for 

the term of two years from the day of January, A. D. 19. . . ., and 

until his successor is chosen and qualified. 

Now, the condition of the above obligation is such, that if the said 

shall faithfully perform all the_ official duties required of him 

as clerk of said board, then this obligation will be void ; otherwise it shall be 
and remain in full force. 

Signed and sealed by us this day of , A. D. nineteen 

hundred and 



The sureties on the above bond, and its amount, approved by said board 
this day of , A. D. 19.... 



President of sold Board. 



FORMS AND INSTRUCTIONS. 423 

No. 9. . Section 7836. 

BOND OF CLERK OF COUNTY BOARD OF EXAMINERS. 

Know All Men by These Presents : That we 

, are held and firmly bound unto the 

state of Ohio, in the sum of ,. dollars, for the 

payment whereof we jointly and severally bind ourselves. 

Whereas, the said has been duly 

elected and qualified as county superintendent of schools of 

County, and state of Ohio, for the term of 

, years from the day of 

A. D. 19 and until his successor 

is chosen and qualified, and is therefore clerk of the county board of school ex- 
aminers of the said county. 

Now, if the said will 

pay into the county treasury monthly the examination fees received by the board, 
make the statistical returns required by law and otherwise perform faithfully all 

duties required of him as clerk of said board, then this obligation shall be void ; 

otherwise it shall remain in full force. 

Signed and sealed by us this day of 

A. D. nineteen hundred and 



The sureties on the above bond, and its amount, approved by. 

County Auditor of County this 

dav of A. D. 19 



Auditor. 

No. 10. 

OATH OF SCHOOL OFFICERS. 

This form of oath may be used for school board members and officers and 
may be administered by the clerk or any board member, or any person authorized 
to administer oaths : 

I, , do solemnly swear 

(or affirm) that I will support the constitution of the United States, and tlie 
constitution of the State of Ohio; and tliat I will faithfully and impartially dis- 
charge my duties as in and for the 

school district, county, Ohio, to the best of my ability, 

and in accordance with the laws now in effect and hereafter to be enacted, during 
my continuance in .«?aid office and until my successor is chosen and qualified. 



Sworn to and subscribed before mc, lliis day 

of '. A. D. 19 



424 FORMS AND INSTRUCTIONS. 

No. 11. Section 4767. 

CERTIFICATE OF SCHOOL FUNDS IN TREASURY. 

We hereby certify that, as required by law, by a count of all the money, 

bonds and securities in the hands of treasurer of 

school district county, Ohio, made 

this day of 19 , in the presence 

of the clerk of the board, we find .' dollars (and bonds, 

etc., in value amounting to dollars) of school funds 

to be in the treasury, and we have directed the clerk to enter upon the records 
of the board a copy of this report. 



Board {or Committee). 
Attest : 

President. 

Clerk. 

No. 12. Section 7587. 

CERTIFICATE OF ANNUAL SCHOOL LEVY. 

To the Auditor of County : 

It is hereby certified by the Board of Education of 

School district, County, that the entire 

amount necessary to be levied upon the property of said school district for school 
purposes, during the next school year, as directed by Sec. 7587 G. C. is as follows: 



For Tuition Fund mills. $ — 

For Building Fund mills. $ — 

For Contingent Fund mills. $ — 

For Bonds, Interest and Sinking Fund mills. $ — 

For mills. $ — 

Bv order of the I^oard of Fducation. 



Clerk 



Ohio 10, 



FORMS AND INSTRUCTIONS. 425 

No. 13. Section 361. 

COMPLAINT IN REGARD TO SCHOOL FUNDS. 

To the Superiulcndent of Public Instruction : 

Sir: I respectfully submit the following state of facts as existing in 
school district , county, Ohio. 

(Statement of complaint containing one of the causes mentioned in section 
361, G. C.) 

In consideration of the above statement I respectfully request the appoint- 
ment of some competent accountant to investigate the condition of the school 
funds of said district. 



Complainant. 
State of Ohio, County, ss. : 

I, , , and 

do solemnly swear (or affirm) that the state- 
ments made in the foregoing complaint are true to the best of my knowledge 
and belief. 



Sworn to by and 

, and subscribed in my presence this day of 19. . . . . . 



(Title.) 

1 hereby certify that , , and 

, are taxpayers and residents of 

school district. 



County Auditor 
, Ohio , 19 



No. 15. Section 4751. 

NOTICE OF SPECIAL MEETINGS. 

Notice is hereby given that there will be a meeting of the board of educa- 
tion of school district, County, 

Ohio, on the day of at 

o'clock .... M., to consider any business which may be considered necessary. 



President. 

Clerk. 



19, 



Note : — A special meeting may be called by the president, clerk or two 
members of the board. This form may be adapted to the use of county boards 
of education. 



426 FORMS AND INSTRUCTIONS. 

t 

No. 16. Section 4692. 

TRANSFER OF TERRITORY. 
(Form of resolution for minutes of county boards). 

Resolved, that the following described territory be and the same is hereby 

transferred from school district County, 

Ohio, to school district County 

Ohio, subject to the provisions of section 4692, General Code of Ohio. (Give 

description). 

Resolved, That the clerk of this board be instructed to notify the board of 

education of school district of County, 

Ohio, of the passage of this resolution, and upon similar action being taken by 
said board that said clerk file a certified copy hereof with the County Auditors 
together with a correct map of the territory described. 

Note: — A majority of the full membership of the boards is necessary to 
carry such a resolution and the yea and nay vote is required. 



No. 17. Sections< 



4682-1. 
4735-1. 



FORM FOR PETITION TO DISSOLVE SCHOOL DISTRICT AND JOIN 
CONTIGUOUS SCHOOL DISTRICT. 

To tJic Board of Education of School District, 

County, Ohio. 

The undersigned constituting at least one-fourth of the qualified electors 

in school district, which district contains a population of less 

than fifteen hundred persons, respectfully petition your honorable body that the 

question of dissolving said school district and joining it to 

rural school district be submitted to a vote of the qualified electors of said village 
school district, as provided in section 4682-1 of the General Code of Ohio. 

Signatures. 



I hereby certify that the above named electors of 

school district county, Ohio, are legally qualified electors 

and constitute one-fourth of the electors of said school district. 



The Board of Education upon its own motion may order a special election 
for this purpose. 



FORMS AND INSTRUCTIONS. 427 

No. 18. Section 4688-1. 

FORM FOR PETITION TO HAVE CENSUS TAKEN. 

To the Board of Education of School District, 

County, Ohio. 

The undersigned, constituting at least one liundrcd of- the qualified elector.s 

of the school district of County, Ohio, 

respectfully petition your lionorable body to order a census to be taken of said 
school district as provided in section 4G88-1 of the General Code of Ohio. 

Signatures. 



I hereby certify that this list of petitioners contains the names of one 

hundred legally qualified electors in school district, 

County, Ohio. 

The Board of Education upon its own motion may order a census of the 
school district to be taken. 



No. 19. Section 472G. 

FORM FOR PETITION TO CENTRALIZE SCHOOLS. 

To the Board of Education of School District, 

County, Ohio. 

The undersigned, constituting at least one-fourth of the qualified electors 

in . . .' school district, respectfully petition your honorable body 

that the question of centralization of the schools of the 

school district be submitted to a vote of the qualified electors of said school 
district, and that your body proceed therefore as provided in section 4726, Gen- 
eral Code of Ohio. 

Signatures. 



I hereby certify that the above named electors of 

school district county, Ohio, are legally qualified electors 

and constitute one-fourth of the electors of such school district. 



The Board of Education is also required upon order of the County Board 
of Education to submit this question to the voters. 

If this question is lost at the election thus ordered it may not be submitted 
again for a period of two years unless a petition is made by at least forty per cent, 
of the electors of the district. 



428 FORMS AND INSTRUCTIONS. 

No. 20. 

TEACHER'S CONTRACT. 

An agreement entered into between , of 

county, Ohio, and the Board of Education of 

school district in county, Ohio ; the said 

hereby agrees to teach in the public schools of said district 

for a term of months, and also agrees toabide by and 

maintain the rules and regulations adopted by said Board for the government 
of said schools of said district. And in consideration of such services, the said 

board of education agrees to pay said the sum of 

dollars, payable monthly at the office of the treasurer of 

the board of education. 

Entered into this day of 19 

Teacher. 

President, 

I 

Clerk. 
Any special provisions may be easily inserted. 



FORMS AND INSTRUCTIONS. 



429 






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INDEX TO SECTIONS THAT DO NOT COME IN 
NUMERICAL ORDER. 



SECTION PAGE 

House Bill No. 343, 1915 156 

House Bill No. 687 — Legalizing pa3aTient of teachers who attended 

institutes 321 

10 . Term of appointees to elective offices 13 

19. Illegal loans or deposits by public officers 13 

23-1. Sales and leases of state lands shall reserve all oil, gas, coal and 

other minerals 14 

27 . Interpretation of certain words 14 

28. Official flag of state 14 

29 . Floral emblem of state 14 

30. Device of coat of arms of state 15 

173. "Ohio General Statistics" 293 

173-1. Publications of "Ohio General Statistics" 294 

173-2. Approval by printing commission before publication 294 

251. Deficiency in common school fund, how supplied 151 

260-1. Beginning of fiscal year 294 

286. Triplicate report of examination of Bureau of Uniform Accounting. 15 
284. Biennial and annual examinations by Bureau of Inspection and Su- 
pervision of Public Offices 125 

333 . Duties of attorney general 16 

748. Correction of proof sheets and preparation of indexes 294 

1031 . Inspection of school houses and other buildings 400 

1032. Written report of district inspector 400 

1033. Copy of notice to mayor or prosecuting attorney 401 

1034. Owner or agent shall comply with notice 401 

1035. Approval of plans. 401 

1036 . Penalty for changing plans 401 

1037 - Penalty for changing plans 401 

1261-3. Duty of inspector of plumbing 403 

1270. Requisites for admission to medical schools 220 

1352-2. Certificate required for filing af tides of incorporation (formerly 

1676) 37 

2264-1. Official reports shall be made in triplicate 294 

2264-2. Definition of terms concerning annual report 295 

2266 . Governor's authority as to reports 295 

2294 . Advertisement of sale of bonds 206 

2295 . How sold when bonds rej ected 207 

2295-1. Indorsement 207 

2295-2. Registrar, appointment and compensation 207 

2295-3. Certified transcript of proceedings required to be furnished success- 
ful bidder for certain officers 208 

2295-4. Penalty for certifying false transcript of statement ' 208 

2295-5. Re-issue of lost, destroyed bonds or certificates. . . ' 208 

2362 . Separate bids for work and materials 195 

(431) 



432 INDEX. 

SECTION PAGE 

2363. When contracts shall not be awarded for entire work 196 

2457 . Bequests for educational purposes 155 

2602. Accounts with townships, cities, villages and special school districts.. 167 

2605. Penalty for neglect of certain duties by county auditor 167 

2606. Report of deaf, dumb, blind, insane and idiotic persons 296 

2626 . Fees for transfers in certain cases 57 

2689 . Payments to local treasurers 167 

2690. Money may remain in county treasury •. . . . 167 

2691 . Moneys shall not be held without authority 168 

2692 . Advance payments to local authorities 168 

2693. Moneys to be forwarded to state treasurer 168 

3088. Clerk shall report names and ages to auditor 231 

3514 . Rights and liabilities not affected 186 

3657. Theatrical and other public exhibitions 186 

3707 . Exchange of lots for school purposes 57 

3708. Petition shall contain what 57 

3709 . Notice of petition to be published 57 

3710 . Hearing and order 58 

3711 . Transfer of property to library trustees 58 

3924 . Notice of sale, publication 208 

3963 . Water supply free for certain purposes 187 

4424. Nuisance or unsanitary conditions on school property shall be cor- 
rected 187 

4448. Board of health shall inspect schools and may close them and prohibit 

public gatherings 188 

4648. Examination of public buildings as to safety in case of fire 402 

4649 . Certificate of safety 402 

4650. Re-examination in case of change in building 402 

4657 . When inspections to be made 402 

5032. Ballots for school board 99 

5033 . How ballot for school board printed 99 

5034 . School districts in cities 99 

5349 . Schoolhouses, churches, colleges, etc 110 

5654. Proceeds of special levy shall not be used for other purposes, trans- 
fer of surplus 199 

5656 . Power to borrow to extend time of debt 199 

5657 . Power to exchange bonds 200 

5658 . Resolution as to certain debts 201 

5659 . Levy to meet payment of bonds 202 

5659-1. Taxing districts authorized to issue bonds when fifty per cent of 

tax collection is enjoined or in litigation 202 

5659-2. Application of money derived from bond issue 203 

5660. Certificate, what to specify 203 

5661 . Exceptions in certain contract 204 

5699. Auditor shall ascertain amount 204 

5903 . Handling explosives regularly 188 

5904. Statement submitted to district inspector 188 

6250. Authority of inspectors of workshops and factories 282 

6350 . Treasurer and auditor's duty 152 

6510. When board of education may levy to pay assessment 181 

8801 . Holidays specified 239 

8369 . Disposition of proceeds of sale 182 

9357. Accumulations, how invested 182 



INDKX, 



433 



SECTION PAGE 

9660. Idle funds, how invested 183 

11067 . How school lands appropriated 58 

11084. Proceedings when land is held without agreement 58 

12201. Proceedings when treasurer of school fund applies to be discharged. . 120 

12200. Sureties of treasurer of school fund may apply to be discharged 120 

12417. Hazing '. 335 

12418. Permitting act of hazing, etc 335 

12419 . Mayhem 335 

12438. Burglary in uninhabited dwelling 189 

12441. Entering a house by night or day and attempting to commit felony. . . 189 

12442. Breaking into building in day time to steal 189 

12443. Breaking into a house in night season and attempting to commit per- 

sonal violence : 189 

12487. Injuring and permitting nuisances in buildings 403 

12536. Manufacturing or s* ring explosives restricted 403 

12875 . Certain deposits lawrul 114 

12823. Giving or accepting bribes by officer, etc 11'5 

12873. Embezzlement of public money 113 

12874. Fine is a judgment against whole estate Ill 

12876. Embezzlement of public property 115 

12877. Embezzlement of negotiable instrument before delivery 115 

12878. Embezzlement by municipal and school officers 115 

12879. Fine a judgment against whole estate 116 

12883. Member of board of education accepting compensation 109 

12900. Neglect to instruct pupils in fire drills 218 

12901 . Neglect to instruct pupils in dangers of fire 218 

12902. Duty of state fire marshal 218 

12903. Duty of superintendent of public instruction 219 

12904. Fire drill shall not apply to colleges and universities 219 

12905. Manual to be issued 219 

12906. Pupil joining fraternity, penalty 233 

12907. Teacher, principal or superintendent failing to give notice of frater- 

nity in schools 234 

12908. Board of education to investigate charges of existence of fraternity. 234 

12909. Suspension of pupils who fail to obey notice, when 234 

12910. Officer or agent interested in contract 109 

12911 . Officer or agent interested in contract 109 

12929 . False enumeration of school children 296 

12931 . Offering bribe or recommending textbook 116 

12932 . Employing relative as teacher 109 

12974 . Failure to send child to school 287 

12976. Employing certain minors during school session 288 

12977. Penalty for employing certain minors during school session 288 

12978. Persons so convicted of employing minors may give bond 288 

12979. Duty of truant officer 289 

12980. Failure to pay fine 289 

12981 . Violating compulsory education laws 289 

12982. Violating compulsory education laws 289 

12983 . Violating compulsory education laws 289 

12984 . Jurisdiction of mayors 289 

12985. Fines 289 

12986. Second violation of compulsory education law 290 

12987. Jury in second violation of compulsory education law 290 

28 s. L. 



434 iNf)E>^. 

SECTION PAGEl 

12988. Costs in certain prosecutions of compulsory education law 290 

12994 . Employing minor without school certificate prohibited 284 

12995. Filing of certificates , 284 

13000. Age and schooling certificate as prima facie evidence 290 

13007-7. Who shall make complaints for violations of compulsory education.. 285 

13030. Sexual intercourse with female pupils "248 

Accidents, teachers shall give instruction in the prevention of, 7724-1 255 

Accumulations, how invested, 9357 182 

Adoption of school books for term of five years, 7713 253 

Advancement or reduction of villages and cities, 4686 65 

Age and schooling certificate, 7765 276 

Approval of, 7766 277 

Shall be prima facie evidence, when, 13000 290 

Agriculture, teaching of, 7761-1 273 

Agricultural instruction shall be under the supervision of the county super- 
intendent, 7761-1 273 

Alcoholic drinks, 

Effects of shall be taught, 7723 255 

Forfeiture for failure to give instruction in, 7728 256 

Amount of teachers' pensions, 7883 326 

Annual report, definitions of terms, 2264-2 295 

Annual report of the board of education, 7787 292 

Appeal from board of examiners shall be in form of an affidavit, 7858 316 

Applicant discriminated against by board of examiners may appeal to Super- 
intendent of Public Instruction, 7858 316 

Appointment and term of city board of school examiners, 7838 313 

Appointment and term of superintendent of public instruction, 352 16 

Appointment, term, duties of county superintendent, 4744 92 

Appropriations each fiscal half year, 5649-3d 146 

Apportionment, 

Distribution after, 7601 168 

Certificate of, 7603 169 

Of school funds by auditor of state, 7582 155 

Of school funds to be made in February settlement, 7583 157 

Arbor day, 7688 239 

Arbor Day Manual, 

Publication and distribution of by superintendent of public instruction, 

358 18 

Attendance, 7644-7761 216 

At Teachers' institute, pay for, 7870 319 

At the nearest school, when, 7735 261 

Elementary schools, 7644 217 

Maximum and minimum school weeks, 7644 217 

Attached territory, 

Electors in entitled to vote, when, 4703 74 

Attorney General, 

Approval of certain leases, when, 3209-1 47 

Shall be legal adviser for superintendent of public instruction, 333 16 

To be legal adviser of the board of trustees of Ohio State University, 

7953 353 



INDEX. 435 

Auditor of state, page 

Apportionment of school funds by, 7582 155 

Authorized to lease unsold portions of Sections 16 and 29, when, 3209-1 46 

Duties of concerning state aid for weak school districts, 7596 163 

Duties regarding common school funds, 7581 15^ 

Notice to when vote is to be taken for sale of school lands, 3211-1 18 

Report of sales of school lands to, 3227 52 

Shall allow state aid to county normal schools, when, 7654-5 222 

Average daily attendance falls below ten, 7730 256 

Bail under the juvenile court, when, 1665 •' 1 

Balances unexpended. 

Revert to the General Fund, 5649-3e 147 

Ballot, 

Names of candidates shall be placed on same, 5016 135 

Separate for each precinct, 5029 135 

Banks, 

Deposit when district contains two or more, 7605 171 

Districts containing less than two, 7607 173 

Bequest for teachers' pension fund, 7878 325 

Boards of education may accept 107 

Bidding and letting of contracts, 7623 191 

Bids, 7606 172 

Bird and arbor day, 7688 239 

Blind, deaf and crippled, schools for, 7755-7761 271-272 

Board of Commissioners of sinking fund, 7614 178 

Boards of education of the county, 4728-4738 83-90 

Boards of education, 4745-4762 98-116 

Date of organization, 4747 99 

Bonds issued by, 7619 181 

Absence of president or clerk, 4753 106 

Admission of pupils to school, 7667 227 

Adoption of school books for a term of five years, 7713 253 

Adoption of school books, when, 7713 253 

Advertisement of sale of public bonds, 2294 206 

Annual meeting of all members, 4747-1 101 

Annual report of, 7787 292 

Annual statistical report by clerk of, 4775 124 

Appointment and term of boards of trustees of public libraries, 7634. . . . 213 

Appropriation each fiscal half year, 5649-3d 146 

Approval of bond of treasurer, 4764 119 

Assignment of pupils by, 7684 236 

Attendance of persons over 21, 7680 233 

Attestation of record, 4754 106 

Ballots for, 5032 99 

Ballots for members of, 5032 135 

Beginning of terms, 4745 98 

Bidding and letting contracts, 7623 191 

Body politic, 4749 103 

Bond of clerk, 4774 124 

Call for special meetings, 4751 104 

Certain deposits lawful, 12875 114 

Certificate of, specifies what, 5660 203 

Clerk's duty in case of an appointment. 7699 ; 246 



43^ INDEX. 

Boards of Education — Continued. page 

City solicitor to be legal adviser, when, 47iil Ill 

Clerk of shall pay certain amounts to the treasurer, when, 4769 122 

Clerk shall perform duties of treasurer, when, 4783 130 

Compensation for legal services, for, 4762 112 

Contracts, 4757 108 

Contracts, agreements or obligations, 5661 204 

Control of schools vested in, 7690 240 

Conveyance of pupils, when, 7730 256 

Conveyances of propert}-, 4757 108 

Corporate powers of, 4749 103 

Counting of funds by treasurer, when, 4767 121 

Deposit of school funds, 7604 170 

Deposit with banks, 12873 113 

Depots for shelter of children, 7731-1 260 

Designation of principal, when, 7705 247 

Dismissal of teachers for insufficient cause, 7708 250 

Duties of under certain conditions, 7610 175 

Duties of when attaching territory, 4691 68 

Election of members of, 4838 132 

Election of members of in new district, 4736-1 89 

Embezzlement by, 12878 Ho 

Embezzlement of negotiable instrument before delivery, 12877 115 

Embezzlement of public money by members of, 12873 ' 113 

Embezzlement of public property, 12876 115 

Employing relative as teacher, 12932 109 

Employment of attorney for compulsory education. 7783 287 

Establishment by of free public libraries, 7631 212 

Estimate of funds certified to county auditor. 7668 227 

Exchange of real estate, 4758 ■ 110 

Filing and approval of bond of clerk, 4766 121 

Fine is a judgment against whole estate. 12874 II4 

Fine is judgment on whole estate, 12879 116 

Fix rate of taxation, 7586 : 158 

Fraudulent conversion of money, 1287(5 115 

Free school-books, 7739 264 

German language may be taught when. 7729 256 

Giving or accepting bribes, 12823 113 

How ballot printed, 5033 99 

How expenses of special schools for the deaf, blind and crippled. 

defrayed, 7757 271 

How real property may be sold. 4756 107 

Illegal loans or deposits by, 19 13 

Interested in contract, 12911 109 

Issue of bonds by, 7629 209 

Legal meetings, 4750 104 

Levy to meet payment of bonds, 5659 202 

Libraries jointly owned by two or more, 7633 213 

Library trustees, 7636 213 

Limit of issue of bonds, 7630 210 

Management and control of high schools, 766-5 227 

Management and control of schools by, 7665 227 

Manuals prepared by shall contain sections relating to fire drill. 12905.. 219 

May accept bequests, 4755 107 



INDEX. 437 

Boards of Education — Continued. page 

May admit non-resident pupils, 7682 236 

May appropriate money for library purposes, 7642 215 

May dispense with its treasurer, when, 4782 128 

May dismiss any appointee, for cause, 7701 246 

May employ trained nurses, 7692 243 

May establish high schools, 7663 227 

May establish museums, 7643 21o 

May establish normal schools, when, 7654-1 222 

May establish part time day schools, 7767 281 

May establish schools for deaf, blind and crippled children, 7755 271 

May establish tuberculosis school, 7644-1 218 

May establish union high schools, 7669 228 

May issue bonds, when, 7625 197 

May issue bonds, when, 7626 204 

May levy to pay assessment, when, 6510 181 

May make additional levy, when, 7592 160 

May make rules, 4750 104 

May provide additional compensation for school physician. 7693 244 

May provide for management and control of libraries, 7635 213 

May regulate and control admission of pupils, 7667 227 

May suspend any or all schools, 7730 256 

May suspend or remove director of schools, 7698 245 

Meeting to elect successor to district superintendent, 4742 92 

Meetings of, 4753 106 

Members of boards of education, 7611 176 

Members interested in contract, 12910 109 

Monthly payments to be made by for teachers' pension fund, 7894 328 

Municipality may convey real property to, 7624-1 196 

Neglect of certain duties by, 7610 175 

Nomination of candidates for, 4997 134 

Notice of meetings, 4750 104 

Oath of members, 4746 99 

Offering bribe for recommending textbooks, 12931 116 

Payment of bonds and interest, 7618 '. 180 

Payroll, 4752 105 

Penalty for certifying false transcript or statement, when, 2295-4 208 

Penalty of members for accepting compensation, 12883 109 

Personal liability of members of, 7611 176 

Powers and- duties of concerning school houses, 7620 184 

Powers and duties of in regard to school books, 7715 254 

Powers of as to manual training, 7722 255 

Power to appropriate land for school purposes, 7624 196 

Power to borrow money to extend time of debt, 5656 199 

Power to exchange bonds, 5657 20D 

Presidents of shall cast vote for county board members, 4728-1 83 

Proceedings of shall be legal when, 4736-2 89 

Proceedings of, when sureties of treasurer ask to be discharged, 12201 . . ' 120 

Processes against ; how served, 4760 Ill 

Prosecuting attorney to be the legal adviser, 4761 Ill 

Provision for creation of teachers' pension fund, 7877 324 

Publication of names of nominees, 4998 135 

Publication of statement of receipts and expenditures. 4776 124 

Purchase of old books. 7716 254 



438 INDEX. 

Boards of Education — Concluded. page 

Quorum, 4752 106 

Record of proceeding, 4754 106 

Regular meetings, 4747 99 

Regulating use of school houses by, 7622 189 

Replacement of condemned or destroyed school houses, 7G30-1 211 

Report of school book commission to, 7711 252 

Reports of the school for deaf, blind and crippled children, 7756 271 

Requisites of bonds, 7627 205 

Resignations of teachers, superintendents, etc., 7700 246 

Resolution as to certain debts, 5658 201 

Rights and liabilities not afifected, when, 3514 186 

Sale of bonds, 3924 208 

School books, of whom ordered, 7714 254 

School physician, appointment, qualifications, 7692 243 

School property exempt from taxation, 4759 110 

Shall establish schools, 7644 217 

Shall furnish adequate school houses, 7666 227 

Shall furnish transportation, when, 7646 219 

Shall furnish transportation, when, 7731 259 

Shall pay high school tuition, when, 7747 265 

Shall pay teachers who attend summer school, when, 7868-1 319 

Shall prescribe a graded course of study, 7645 218 

Shall provide a sinking fund, when, 7614 178 

Shall provide for the instruction of the effects of alcohol, 7724 255 

Sinking fund, 7613 177 

Special meetings of, 4751 104 

Sufficient school accommodations to be provided. 7738 264 

Suspension and expulsion of pupils, when, 7685 237 

Taxation for support of free public libraries, 7632 213 

Taxing districts authorized to issue bonds when 50% of tax collection 

is enjoined or in litigation, 5659-1 202 

Tax levy, 5054 149 

Tax levy to pay bonds, 7628 206 

Terms of members, 4745 98 

Title to property when it is joined, 4735-2 97 

Title to property when territory annexed, 4690 67 

Transportation, when, 7748 266 

Tuition of graduates of second grade high school, 7748 2B6 

Tuition of graduates of third grade high schools, 7748 266 

Tuition when district does not provide a high school, 7750 268 

Vacancies, how filled, 4748 102 

Vaccination of pupils, 7678 238 

When other officers may act as legal adviser, restrictions. 4762 112 

When treasurer may receive or pay money, 4768 121 

Who shall not be sales agent, 7718 254 

Yeas and nays in certain cases, 4752 105 

May inspect school buildings, 444S 188 

Board of trustees of University, 

Shall maintain normal school, when. 7898 330 

Bond of clerk, 4774 124 

Bond of depository, 7605 171 

Bond of superintendent of public instruction, 353 17 

Bond of treasurer, 4764 119 



INDEX. [ 439 

PAGE 

Bond of treasurer of Ohio State University, 7945 350 

Bond issue, proceeds of shall be used for no other purpose, oGoG 199 

Bond, 

Additional sureties, when, 4765 , 120 

Advertisement of public sale of, 2294 206 

Application of money derived from, 5659-2 203 

Authorized to be issued when 50% of tax collection is enjoined or in 

litigation, 5659-1 " 202 

Compensation of registrar of, 2295-2 207 

Endorsement, 2295-1 207 

Filing and approval of, 4766 121 

Interpretation of, 27 14 

Issue of by boards of education, 7629 209 

Limit of issue of, 7630 210 

Levy to meet payment of, 5659 202 

May be issued by boards of education, when, 7626 204 

May be issued for school houses, when, 7625 197 

Must be paid within forty years, 7630 210 

Notice of sale of, 3924 208 

Payment of, 7618 180 

Power to exchange, when, 5657 _ . 200 

Publication of s^le of bonds, 3924 208 

Re-issue of lost or destroyed certificate of, 2295-5 208 

Requisites of, 7627 205 

Shall be legal, when, 5649-la 139 

Shall be sold for face value, when, 2295 207 

Sinking fund commissioners may issue refunding, 7616 180 

Successful bidder of, 2295-3. .• 208 

Tax levy to pay, 7628 206 

Book for fire drill published by the state, when, 12903 219 

Bowling Green State Normal School Levy for, 7927-a 344 

Boys and girls, age and schooling certificate, 7765 276 

Branches of study children must be taught, 7762 274 

Bribe for recommending textbooks, 12931 116 

Budget, 5649-3a 142 

Adjustment and certification of, 5649-3c 145 

Examination of, 5649-3c 145 

Budget commission, duties, powers, members, 5649-3b 144 

Buildings, schools, 12600-44 to 12600-72 384-404 

Building fund, 7587 158 

Bureau of inspection and supervision of public offices, 

Bi-annual and annual examination of school accounts, 284 125 

Prescribe blank book for clerks and treasurers, 4778 125 

Burglary in school houses, 12438 180 

Canvass of vote in school elections, 5120 136 

Card index records shall be kept by the school physicians, 7692-1 243 

Carnation, scarlet shall be emblem of state, 29 14 

Census, to be taken, when, 4688-1 66 

Centralization, 

By boards of education, how, 7730 256 

Election for, when, 4727 82 

Not to apply when, 7737 264 



440 INDEX. 

Centralization — Concluded. page 

Question of to be submitted to vote, 4726 81 

Shall not be discontinued within three years, 4727 82 

Submission of question of, 472'6-l 82 

Transportation to high school, when, 7749 267 

When not submitted again, 472G 81 

Certiticate as to grade of high school furnished to high school graduates,7657 225 

Certificates, 

Branches required for high school, 7831 310 

Issued in other counties may be honored by board of examiners, when, 

7824 308 

Kinds to be issued by city board of school examiners, 7852 315 

Kinds to be issued by county board, 7829 309 

May be issued without formal examinations, when, 7847 315 

May be revoked, how, 7850 315 

May be revoked, when, 7827 309 

One-year and three-year may be issued by city board of school examiners, 

7844 314 

Professional training required, 7822 307 

Professional training required for high school, 7823 307 

Recognition or renewal of by county board of examiners, 7833 311 

Renewal of five and eight year by Superintendent of Public Instruction, 

7845 314 

Renewal of two and three-year by city board, 7846 314 

Shall not be issued to persons under 18 years of age, 7827 309 

State life may be revoked for cause, 7808 303 

Teachers having one year normal course may be granted one-year, 7832-2 311 

Teacher's emergency, 7832-1 311 

Teacher's special, 7832 311 

Temporary, 7826 308 

Temporary may be issued, when, 7849 315 

When elementary life may be granted without examination, 7807-3 302 

When high school graduates may be granted, 7832-3 311 

Chief inspector of workshops and factories, duties of concerning truants, 6250 282 

Children, 

Examination of by the school physician, 7692-1 243 

Must be taught what branches, 7762 274 

Shall attend school, when, 7764 276 

Child, failure to send to school, 12974 287 

Child labor laws, 7762-7783 : 274-290 

Children, school attendance, 7763 275 

Children's homes, 

Cost of, how paid, 7678 233 

Entitled to advantages of a free education, 7681 234 

Schools at, 7676 • 230 

Teachers at must hold elementary certificates, 7677 232 

Churches, exempt from taxation, 5349 110 

Cities, uses of school houses in, 7622-5 '■ 191 

City board of education, 

Adoption of plan by majority vote, 4707 75 

Division into sub-districts, 4699 72 

Duties of, regarding elections, 4698 71 

Election, 4706 75 



INDEX. 441 

City Board of Education — Concluded. pack 

Election of additional members, when, 47ul 72 

Expense of conducting certain elections, 4706 75 

Expiration of terms of, 4707 75 

May elect a director of schools, 7694 244 

May establish normal schools, 7647 219 

Meetings of, record of proceedings, 4732 85 

Number of members determined, how, 4699 72 

'Number of members of in certain cases, 4698 71 

Re-districting, when, 4699 72 

Retiring members determined by lot, 4701 72 

"Service fund", 7704 • 247 

' Shall appoint a superintendent, when, 7702 246 

Term of four years, 4702 73 

Vacancy in the office of superintendent, 7702 246 

When members elected, 4702 '. 73 

City board of school examiners, 7838-7858 313-317 

Age limit of applicants, 7850 315 

Appointment, term, 7838 313 

Charges against teacher must be reduced to writing, 7850 315 

Clerk's bond, 7842 313 

Compensation of members and clerk, 7853 316 

Consideration of applicant's answers, 7856. 316 

Disposition of examination fees, 7855 316 

Duties of, 7842 313 

Duties of clerk, 7854 316 

Examination manuscripts shall be kept for sixty days, 7857 316 

Fees for examiners conducting investigation, 7851 315 

How appeal from the board may be taken, result, 7858 316 

Incidental expenses of, 7853 316 

• Kind of certificates to be issued, 7852 315 

May employ special examiners, when, 7841 313 

May issue certificates at discretion, when, 7847 315 

May issue certificates for one and three years, 7844 314 

May not issue five and eight year certificates, 7845 314 

May require teachers to be examined in special subjects. 7852 315 

Meetings for examinations, 7843. 314 

Notice of meetings of examiners, 7843 314 

Organization, duties, 7842 313 

Removal and vacancies, 7839 313 

Renewal of two and three year certificates. 7846 314 

Report of clerk to Superintendent of Public Instruction, 7854 316 

Revocation of certificates, when, 7850 BIvt 

Shall issue certificates or give notice of failures, 7856 316 

Standard of qualifications for teachers. 7840 r 313 

Temporary certificates, 7849 315 

City school districts, 4698-4707 71-76 

City school districts, 4680 61 

Ballots, 5034 IS6 

Board of education in, 4698 71 

Board of education appoint commission, when. 4704 74 

Classification upon advancement or reduction. 4686 65 

Effect of removal from, regarding tuition 7748 266 

Electors in attached territorv entitled to a vote. 47^.3 74 



442 INDEX. 

City School Districts — Concluded. page 

Establishment of evening schools at, 7679 233 

Members of boards of education of, 4698 71 

Territory must be contiguous, 4685 65 

Title to property when territory annexed, 4600 07 

When and how plans shall be submitted, 4705 75 

City teachers' institutes, 7871 321 

Expenses of, how paid, 7872 • , 321 

When fund of paid into county board of education fund, 7873 322' 

City solicitor, 

Legal adviser of city boards of education, 4761 Ill 

To act as attorney for municipal university, 7903 335 

Classification of districts, 4679-4696 60-70 

Classification of school districts, 4679 60 

Clerk, 4774-4784 124-131 

Clerk's account, 4779 125 

Clerk of Boards of Education, absence of, 4753 106 

Annual statistical report by, 4775 124 

Bond of, 4774 124 

Compensation pi, 4781 127 

Duty concerning appointments, 7699 " 246 

Duties of concerning bonds, 7627 205 

Liability of when enumeration not taken, 7802 299 

May swear enumerator, 7796 297 

Publication of statement of receipts and expenditures by, 4776 124 

Shall draw order for teacher's pay when her report is made, 7786 291 

Shall perform duties of treasurer, when, 4783 130 

Shall report enumeration of youth at children's homes, 3088 231 

Shall transmit to the county auditor abstract of enumeration, 7799 297 

To deliver books to successor, 4777 , 125 

To keep accounts, how, 4778 125 

When he fails to make enumeration report, auditor to act, 7800 298 

Clerk and treasurer, 4763-4784 ^ 117-131 

Clerk of city board of school examiners, bond of, 7842 813 

Clerk of county board of school examiners, duties of concerning certificates, 

7815 304 

Coat of arms, 30 15 

College defined, 7650 220 

Colleges and Universities, 7902-798G 333-362 

Colleges and universities, 9922-9989 366-383 

Admission of high school graduates to, when, 7674 230 

Admission to without examination of graduate of first grade high school, 

7658 226 

Alumni Association may elect one-fifth of board, wlien, 9937-a 371 

Assessments, 9956 375 

Attorney general may enforce duties of officers, 9977 380 

Board may be increased or decreased, when, 9937 371 

Board of military academy, 9960 376 

Boards of trustees, 9934 370 

15(jard of trustees must take action, when, 9942 372 

Board of visitors, 9961 376 

Bodies of strangers or travelers, 9988 382 

Borrowing money and issuing bonds, iif)32 369 



INDEX. 443 

Colleges and Universities — Continued. pagk 

Certain colleges may file charter and amendment, 9966 377 

Certain corporations may change location, 9964 376 

Certain statements to be filed, 9933 370 

Certificate of the Superintendent of Public Instruction for. must be filed 

with Secretary of State, 9923 367 

City solicitor to act as attorney for municipal, 7903 335 

Declaration of policy of state with respect to Ohio State University, Ohio 

University and Miami University, 7923 341 

Duties of board of visitors, 9962 376 

Election of trustees, 9955 374 

Endowment fund corporation, 9948 372 

Endowment fund may be diverted, 9929 369 

Exempt from taxation, 5349 110 

Fee of secretary of state, 9968 378 

Fees of secretary of state, 9971 379 

Fire drill does not apply to, 12904 219 

Hazing, 12417 335 

How a conference may become a patron, 9939 371 

How amount of assessment fixed, 9958 376 

How boards of trustees constituted and governed, 9949 372 

How existing corporations may avail themselves of the provisions, 9952. 373 

How medical colleges may receive bodies for dissection, 9984 382 

How money levied for, shall not be expended, 7928 345 

How terms of trustees fixed, 9903 376 

Increase in number of trustees in certain corporations, 9950 373 

Inspection of accounts by the State Bureau of Public Accounting, 7931.. 346 
Interchangeable use of name does not affect the right to any gift, 9955-2 375 

Interchangeable use of words of academy, college and university, 9955-1 374 

Levy for Bowling Green State Normal School, 7927-a 344 

Levy for Kent State Normal School, 7927-b 344 

Liability for having unlawful possession of body, 9989 383 

Limit of assessment and collection, 9959 376 

Location may be changed, 9928 368 

May acquire machinery and land, 9926 368 

May change name or purpose, 9969 378 

May change stock into scholarships, 9927 368 

May hold donated property in trust, 9924 367 

May increase property, 9931 369 

Mayhem, 12419 335 

Meeting of stockholders, 9957 375 

Miami University, 7939-7941-1 348-349 

Number of trustees and classes, 9954 374 

Ohio University, 7932-7938 346-348 

Ohio State University, 7942-7974-3 349-359 

Permitting act of hazing, etc., 12418 335 

Quorum of trustees, 9942 372 

Receipts and disbursements, 9975 379 

State universities generally, 7923-7931 341-346 

Tax levy for support of Miami University, 7924 342 

Tax levy for support of normal school at Miami University, 7927 344 

Tax levy for support of normal school at Ohio University. 7925 343 

Tax levy for sui)port of Ohio State University, 792!' 345 

Tax levy for support of Ohio l^nivcrsity. 7925 342 



444 INDEX. 

Colleges and Universities — Concluded. page 

Term of trustees, 9936 370 

Trustees to be divided into classes, 9935 370 

Tuition may be charged by state institutions, 7930 345 

Under ecclesiastical patronage, 9951 373 

Vacancies caused by amendment of charter, 9930 369 

When officers may be appointed and degrees conferred, 9922 366 

When right of representation shall cease, 9941 372 

Who constitute faculty of, 9925 368 

Wilberf orce University, 7975-7986 360-362 

College graduates, when state life, high school certificate shall l)e issued to, 

7807-7 . . , 302 

Commercial departments, 7722 255 

Commissioners of the sinking fund, 7613 177 

Commssioners of sinking fund, 7614 178 

May issue refunding bonds, 7616 180 

Common Pleas Court, trustees shall petition, when, 3213 49 

"Common school fund", 7579 153 

Accounts of, 7580 153 

Appropriations for, (House Bill No. 343, 1915) 156 

Bequests for, 7581 154 

Bequests for education purposes, 2457 155 

Deficiency in, how supplied, 251 151 

Compensation, for accepting, 12883 109 

Of county board of school examiners, 7X34 312 

Of district superintendent, 4743 92 

Of state board of school examiners, 7810 303 

Of treasurer and clerk, 4781 127 

Compulsory attendance, age and schooling certificate, 7765 276 

Compulsory education, 7762-7783 274-290 

Age and schooling certilicates, 7765 27(1 

Age and schooling certificate as prima facie evidence, when. 13000 290 

Appeal to juvenile court, when, 7764 276 

Approval of age and schooling certificate, 7766 277 

Authority of the chief inspector of workshops and factories, 6250 282 

Boards of education may establish part time day schools, 7767 281 

Branches children must be taught, 7762 274 

Certain papers must be filed before age and schooling certificates may be 

granted, 7766 277 

Costs and proceedings against juvenile disorderly person, 7776 285 

Costs in certain prosecutions, 12988 290 

Duties and compensation of the juvenile examiner, 7766 277 

Duty of truant officer under certain conditions,, 12979 289 

Employing certain minors during school session, 12976 288 

Employing minor without schooling certificate prohibited, 12994 284 

Employment of attorney, 7783 287 

Failure to pay fine by parent or guardian, 12980 289 

Failure to send child to school, 12974 287 

Filing of certificate, when, 12995 284 

Imprisonment for employing minor, when, 12977 288 

Jurisdiction of mayors, 12984 289 

J ury in certain cases, 12987 290 

Juvenile examiner, 7766 277 

Notice to board of county visitors, 7782 287 



INDEX. 445 

Compulsory Education — Continued. ^ page 

Notice to parent of truancy of child, 7773 283 

Penalty for employing minor, when, 12977 288 

Powers of truant officer, 777U 282 

Proceedings against disorderly juvenile person, 7774 285 

Proceedings in juvenile court, 7780 285 

Relief to enable child to attend school, 7777 285 

Report of teachers to clerk, when, 7772 283 

Report of truant officers to juvenile court, 7779 286 

School attendance, 7763 275 

Second violation of, 12986 290 

Special course for truants, 7772 283 

Special vacation certificates, 7766 277 

This chapter does not apply to deaf, dumb or blind institulions, 7778... . 286 

Truants, 7768 281 

Truant officer, appointment, .compensation, 7769 281 

Violating laws, 12981, 12982, 12983.' 289 

Who shall make complaints for violation. 13007-7 285 

Consolidation, by "boards of education, 7730 256 

Question to be submitted to vote, 4726 81 

Constitution of Ohio relating to public schools, Articles 1, 11, VI, XII, XV.. 5-9 

Contiguity of territory, 4685 65 

Contiguous districts, when, 4735-1 87 

Contingent fund, 7587 158 

Boards of education may pay teachers' pensions from, when, 7895 329 

Neglect to provide for by boards of education, 7610 175 

Tuition shall be paid from, when, 7751 269 

Contracts, directions for bidding and letting, 7623 191 

Separate bids for work and materials, 2362 195 

Shall not be awarded for entire work, when, 2363 196 

Conveyance and contracts by boards of education, 4757 108 

Conveyance of pupils, in village school districts, 7733 261 

When, 7730 256 

Corporate powers of boards of education, 4749 103 

County auditor, advance payments to local authorities, 2692 168 

Amount of levy to be certified to, 7594 160 

Annual settlement to by treasurer, 4770 123 

Apportionment of school funds by, 7600 165 

Compensation for making reports, 7793 293 

Duties of concerning fines and penalties, 7612 176 

Duty of as to school statistics, 7789 292 

Duties of when lessees or trustees delinquent, 3209 46 

Duties regarding school funds, 6350 152 

Enumeration report of to the superintendent of public instruction, 7803.. 299 

Enumeration return to by the clerk of local board, 7799 297 

Estimate of funds needed certified to, 7668 227 

Fees for transfers of school lands, 2626 57 

First call of meeting, 4730 84 

Penalty for failure to make certain school reports, 7790 293 

Penalty for failure to return enumeration return, 7792 293 

Salaries of county and district superintendents certified to, 474 1-2 93 

Shall appoint a person to make reports, when, 7791 293 

Shall ascertain amount of taxes, 5699 204 



44^ INDEX. 

County Auditor — Concluded. page 

Shall certify expenses of conducting investigation x"elative to certificates, 

7828 309 

Shall place levy on tax duplicate, when, 7628 200 

Shall retain fund necessary to pay salaries of county and district superin- 
tendents, 4744-3 94 

To act when clerk fails to make enumeration return, 7800 298 

County boards of education, 4728-4738 83-90 

Appoint district superintendents, when, 4741 91 

Call for meeting, notice, organization, 4730 84 

Certify to county auditor salaries of county and district superintendents, 

4744-2 93 

Contingent expenses of, 4744-3 94 

Division of county districts into supervision districts, 4738 90 

Duties of, 4736 88 

Elected, when, 4729 84 

Election and qualifications, 4728 ■ 83 

Exempted village districts from, 4688 &Q 

Existing districts remain unchanged until changed by, 4735 86 

May require the county superintendent to supervise, when, 4738 90 

May transfer part or all of one district to another, 4692 68 

Meeting to elect successor to district superintendent, 4742 92 

Meetings, when and where held, 4733 85 

Members of, 4728 83 

Must transfer territory when petitioned by 75 per cent of electors, 4606. . 69 

Oath, 4731 85 

Offices for, 4744-6 , 97 

Payment of expenses, 4734 85 

Powers of, 4735, 4736 86-88 

Publication of minimum course of study, 4737 90 

Salary of county superintendent fixed by, 4744-1 92 

School district shall cast vote for, how, 4728-1 83 

Shall appoint county superintendent, 4744 92 

Shall certify number of teachers and superintendents, 4744-2 93 

Shall certify to state auditor amount due from state, 4744-3 94 

Shall determine whether institute shall be held, 7868 318 

Shall fill vacancies in county board of examiners, 7814 304 

Shall furnish transportation, when, 7731 259 

Term of office, 4729 -. . . . 84 

Transfer of territory by, 4696 69 

Vacancy, 4731 85 

What constitutes a quorum, 4733 85 

When county shall be redistricted by, 4738 90 

County board of education fund, 4744-3 94 

Fees of county school examination shall be placed in, 7820 306 

Transfer of surplus sheep claims' fund to, 5053 ' 96 

When fund in city teachers' institute paid into, 7873 322 

County board of school examiners, 7811-7837 303-313 

Annual statistical report of clerk, 7836 312 

Applicant may elect to take one-half the sul)jects at each of two regular 

examinations, 7818 305 

Bond of clerk, 7836 312 

Branches that must be taken for an elementary certificate, 7830 310 

Branches that nnist be taken for a high school certificate, 7831 310 



INDEX. 447 

County Board of School Examiners — Concluded. page 

Certificates valid from the following September, 7821 306 

Clerk shall receive no additional compensation, 7837 313 

Compensation of, 7834 312 

Disposition of fees, 7820 306 

Duties of officers, 7815. 304 

Effect of certificates of other counties, 7824 308 

Emergency certificate, 7832-1 311 

Examination manuscripts shall be kept on file sixty days, 7857 316 

Expenses of, 7835 312 

Fees for conducting certain investigations, 7828 309 

Five and eight year certificates, how renewed, 7821-1 306 

Graduates of first grade high schools may granted one-year certificates, 

• when, 7832-3 311 

How appeal from the board may be taken, result, 7858. 316 

How composed, 7811 303 

How two and three year certificates renewed, 7821-2 307 

Kinds of certificates to be issued, 7829 309 

Majority may grant certificates, .7818 305 

May issue elementary certificates, 7830 310 

May issue high school certificates, 7831 310 

May issue without formal examination, when. 7847 315 

Meetings for examinations, 7817 305 

Minimum age limits of applicants, 7827 309 

Organization of board, 7815 304 

Penalty for divulging questions, 12939 305 

Practical teaching test required by, 7825 308 

Professional training of applicants for theachers' certificates, 7822.... 307 

Professional training required after 1915 and after 1920, 7823-1 308 

Professional training required of high school applicants for certificates, 

7823 307 

Recognition or renewal of certificates, 7833 311 

Rules and regulations of, 7816 304 

Shall not be a paid instructor in county teachers' institute, 7812 303 

Shall revoke appointment of school examiner, when, 7813 304 

Teachers having one-year normal course may be granted one year cer- 
tificates, 7832-2 311 

Teacher's special certificate, 7832 311 

Temporary certificates, 7826 308 

Term, revocation of appointment, 7813 304 

Uniform system of examination, 7819 305 

Vacancies, 7814 304 

What and how many certificates may be granted, 7821 306 

Who eligible to, 7812 .' .303 

County budget commission, members, powers, duties, 5649-3b 144 

County commissioners. 

Appointment of board of education, when, 4736-1 89 

Distribution of surplus sheep claims' fund, 5653 96 

Duties regarding offices, 4744-6 97 

County normal schools, 

Courses and entrance requirements, 7654-2 222 

Employment of director and instructor, salaries, 5654-3 222 

May be established in first grade high schools, 7654-1 222 

Practice division may be maintained, 7654-4 222 

State aid not exceeding |1 ,000, 76-V1-5 222 



448 INDI£X. 

PAGE 

County school districts, 4728-4744-6 83-97 

Call for meeting, notice, organization, 473U 84 

Defined, 4684 64 

How school districts shall cast vote for members of, 4728-1 83 

Meetings of board, organization, record of proceedings, 4732 85 

Oath, vacancy, 4731 85 

Procedure to dissolve rural district, 4735-1 ■ 87 

Shall be redistricted, when, 4738 90 

Supervision of village and rural schools, 4740 91 

Term of ofiice of, 4729 84 

When members of county board elected, 4729 84 

County superintendents, 4744-4744-6 92-97 

Appointment, 4744 92 

Arrange for time and place of meetings of boards of education, 4747-1. . 101 

Call for meeting, notice, organization, 4730 84 

Direct supervision, when, 4740 91 

Duties, 4744, 7706-3 92-249 

Financially interested in book company, status of, 7706-4 249 

How paid, 4744-1 92 

Offices for, 4744-6 97 

Part salary paid by county auditor, when. 4744-3 94 

Qualifications of, 4744-4 96 

Reports, 7706-4 249 

Report of the teachers' institute, 7865 318 

Salaries of, 4744-1 92 

Shall be a member of the county board of examiners, 7811 303 

Shall be clerk of county board of school examiners, 7815 304 

Shall issue eight grade certificates, 7747 265 

Shall nominate district superintendent, when, 4739 90 

Shall receive no additional compensation as clerk of county board, 7837. . 313 

Shall report county institute, 7874 322 

Shall teach in teachers' training schools, 7706-4 249 

Supervisor of the training courses, 770&-4 249" 

Term, 4744 92 

County taxes, 5649-3a 142 

County teachers' institutes, 7859-7874 318-322 

Organization of, 7859 318 

County treasury, money may remain in. 2690 167 

County treasurer, 

Duties regarding school funds, 6350 152 

Funds to be retained by, 7584 157 

Interest to be paid to, when, 7585 158 

Shall act as treasurer, when, 4763 117 

County visitors, notice to board of, 7782 287 

Course of study, 

Boards of education required to prescribe, 7645 218 

Effect of alcohol on the human system, 7723 255 

In elementary schools, 7655 233 

Publication of minimum by county board, 4737 90 

Crippled, blind and deaf, schools for, 7755-7761 271-272 



INDEX. 449 

PAGE 

Deaf, blind and crippled schools, 7755-7761 271-272 

Inspection of schools by the superintendent of public instruction, 7761.. 272 

Who considered, 7760 272 

Teachers of, 7759 272 

Schools for, how paid, 7758 272 

Deaf, dumb and blind institutions, compulsory education law does not apply 

to, 7778 , 286 

Debt, 

Power to borrow money to extend time of, when. 5656 199 

Resolution as to certain debts, 5658 201 

Decentralization, may be submitted after three years^ 4727 82 

Deficiencies in the common school fund, how supplied, 251 151 

Definition of county school district. 4684 64 

Definition of high school, 7649 219 

Dental school, admission to without examination of first grade high school 

graduate, when, 7658 226 

Delinquency, penalty for aiding and abetting, 1654 30 

Delinquent child defined, 1644 24 

Dependent child defined, 1645 25 

Depository, 

Bond of, 7605 171 

Liability of treasurer relieved, when, 7609 -. 174 

Treasurer may be dispensed with, 4782 128 

When moneys placed under certain conditions, 4784 13i 

Detention Home, 

Expenses of, 1671 35 

How established and conducted, 1670 35 

Deposit of school funds, 7604 170 

Deposits, illegal by public officers, 19 13 

Diploma, granted to high school graduates, 7656 225 

Directions for bidding and letting of contracts, 7623 191 

Director of county normal school, salary of, 7654-3 222 

Director of schools, 7694 244 

Duties, 7696 245 

Compensation, 7697 245 

May be removed by the board of education, 7698 245 

Powers, 7695 244 

Dissolution of village school districts, when, 4682-1 63 

Distribution of surplus sheep claims fund, 5653 96 

District schools, 

Shall be free to all the youth of school age, 7681 234 

Disposition of proceeds of sale, 8369 182 

District superintendents, 4739-47,43 90-92 

Amount of salary paid by state, 4743 92 

Assemble teachers for conference, 7706-1 249 

Compensation of, 4743 92 

County boards of education shall appoint, when, 4741 91 

Duties of, 7706 249 

Election of, 4739 • 90 

Election of, 4741 91 

Financially interested in book company, 7706-4 249 

How elected, 4739 90 

Meetings of boards of education to elect successor to, 4742 92 

29 s. I,. 



45^ ^ INDEX. 

District Superintendents — Continued. page 

One shall be a member of the county board of school examiners, 8711.. 303 

Qualifications of, 4744-5 96 

Part salary paid by county auditor, when, 4744-3 94 

Recommended text books and course of study, 7706-2 249 

Shall be nominated by the county superintendent, when, 4749 90 

Shall certify eighth grade graduates, 7655-7 225 

Shall certify eighth grade graduates to county superintendents, 7747.... 265 

Shall nominate teachers when, 7705 247 

Term of, 4741 91 

Districts, 

Classification of school, ^679^696 60-70 

Containing less than two banks, 7607 173 

City school, 4680 61 

District supervision, not required, when, 4738 90 

Domestic science, 7722 255 

Donations, bequests, etc., for teachers' pension fund, 7878 325 

Duties and powers of boards of education concerning school houses, 7620.... 174 

Duties of county superintendents, 7706-3 249 

Duties of teachers, 7707 250 

Duties of treasurer of teachers' pension fund, 7890 ' 328 

Duty of prosecuting attorney, 1664 33 

Duties and powers of county board, 4736 88 

Duties of district superintendents, 7706-1 249 

Duties of superintendent of public instruction, 354 17 

Educational and recreational purposes, use of school houses for, 7622-1 190 

Elections, 4838-5121 132-136 

Ballots for school board, 5032 , 135 

Boards of education may issue bonds after, 7626 204 

Canvass of vote, 5120 136 

Duties of probate judge after centralization election, 4726-1 82 

Members of board of education, 4828 132 

For an additional levy, 7593 160 

Greater tax may be levied by, 7592 160 

How ballot for school board printed, 5033 : 135 

How results determined in certain cases, 5121 136 

Names of candidates shall be placed on same ballot, 5016 135 

Names of nominees for board published, 4998 , 135 

Nominations of candidates for boards of education, 4997 134 

Notice of school, 4839 133 

Of district superintendent, 4739 90 

Poll-books and tally sheets, 5049 136 

Question of centralization to he submitted at, 47-2() 81 

Qualification of electors, 4861 134 

Registration of women, 4940 134 

School districts in cities, 5034 136 

Separate ballots for each precinct, 5029 135 

Shall decide on centralization, 4726 81 

Terms of members of village school board, when chosen, 4700 77 

Vote, notice, 5649-5a 148 

When women may vote, 4862 134 

Electors, 4861 134 

Attached territory entitled to vote, when, 4703 74 



INDEX. 451 

PAGE 

Elective officers, terms of, 10 13 

Elementary certificate, when issued by county l)oard of examiners, 7830.... 310 
Elementary consolidated schools, 

First grade, 7655-4 224 

Second grade, 7655-3 224 

Elementary grade, 7655 223 

Elementary rural schools, 

First grade, 7655-2 223 

Second grade, 7655-1 223 

Elementary schools. 

Boards of education must furnish transportation, when, 7(116 210 

Defined, 7648 210 

Shall be maintained, 7646 210 

Maximum and minimum school weeks, 7()44 217 

Eligible as district superintendent, 4744-5 96 

Eligible as county superintendent, 4744-4 96 

Embezzlement, 

By municipal and school officers, 12878 115 

Negotiable instrument before delivery, 12877 115 

Public property, 12876 115 

Public money by members of boards of education, 12873 113 

Emergencies in taxation, 5649-4 147 

Emblem of the state, 28 , 14 

Employing relative as teacher, 12932 109 

Employer shall keep a list of minors employed, 7765 : . . . . 276 

Enumeration, 7794-7804 ^ 296-299 

Enumeration, 7794 296 

Enumeration, 

Additional facts to be ascertained, 7795 297 

Clerk shall transmit same to the county auditor, 7799 297 

District not entitled to school funds if it is not taken, 7600 165 

Duty of superintendent of public instruction, when excessive, 7804 299 

False, 12929 296 

How taken, 7796 297 

Youth at children's homes, 7676 230 

Youth at children's homes, 3088 231 

Report of to be kept by clerk, 7797 '297 

Report of deaf, blind, etc., 2606 296 

Shall be transmitted to the superintendent of public instruction by the 

county auditor, 7803 299 

When not taken district not entitled to school funds, 7802 299 

When situated in two or more counties, 7798 297 

When township line divides the original surveyed township, 7801 > 298 

When the clerk fails to report, auditor to act, 7800 298 

Enumerators, 7794-7798 296-297 

Epidemic, school closed during, 4448 188 

Equal suffrage, when, 4862 134 

Equitable division of funds or indebtedness when, territory transferred, 4696.. 69 

Evening schools, establishment of in the various school districts, 7679 233 

Examiner of fraudulent use of school fund, duty of judge and prosecuting 

attorney concerning, 367 20 

Examiner of school accounts, 361-367 19-20 



452 INDEX. 

PAGE 

Examination fees, 7809 303 

Disposition of by city board of school examiners, 7855 31G 

Must be paid by clerk to county treasurer, when, 7836 312 

Examination questions, divulging same, 12939 305 

Examinations of school funds, 1\v Imreau of inspection and supervision of 

public offices, 284 125 

Examination, requisites for admission to medical college, 1270 220 

Examiners, 

City board of, 7838-7858 313-317 

All certificates issued by the state board shall be countersigned by super- 
intendent of public instruction, 7808 303 

Compensation of county board, 7834 312 

Compensation of state board of, 7810 303 

County board of, 7811-7837 » b*^3-307 

Professional training required of applicants, 7807-1, 7807-2 301 

Secretary of state shall furnish supplies to state board of, 7810 303 

State board of, 7805 300 

Terms and vacancies of state board of , 78(ii) 301 

When high school certificates may be graiiteJ by state board, 8707—1.... 302 

When special life certificate may be granted by state, 7807-5 302 

When state elementary certificate may be granted without further 

examination, 7807-3 302 

Exempted village school districts. 

From supervision of county board, 4688 Q6 

Ineligible to state aid, 4688-2 67 

Expenditures, publication of by clerk, 4776 124 

Expenses of county board of school examiners, 7835 312 

Expenses of county board of education, 4734 85 

Explosives, must not be near school house, 5903 188 

False enumeration, 12929 296 

Federal census, villages of three thousand exempted from county supervision, 

when, 4688 66 

Fees, 

Disposition of examination, 7855 316 

Disposition of county examination, 7820 306 

Fifteen mills, maximum levy of, when, 5649-5b 149 

Filing and approval of bond of clerk, 4766 121 

Fines, collected under compulsory education shall be paid into the funds of the 

school district, 12985 289 

First grade high schools, 7652 221 

Admission of graduate to colleges and universities without examination, 

when, 7658 226 

Graduate eligible to take examination for admission to professional 

school, 7659 226 

Supervision of, 4740 91 

Fire drills. 

Colleges and universities exempt from, 12904 219 

Penalty for failure to instruct pupils in, 12900 218 

Sections concerning shall be published in manual issued by boards of - 

education, when, 12905 219 

Fire Marshal, shall prepare book for instruction of pupils in fire drills, 12902 218 

Five and eight year certificates, how renewed. 7821-1 306 



INDEX. 453 

PAGE 

Five hundred thousand dollar valuation necessary for a village school district, 

4682 03 

Flag of the state. 28 14 

Floral emblem of state, 29 14 

Forty years, bond issue shall run not over, 763U 210 

Forty teachers, county superintendent to personally supervise, when, 4738.... 90 
Fraternity, 

Board of education shall give notice of, 12908 '. 284 

Penalty fur failure to give notice of a, 12907 2S4 

Pupils joining, penalt}', 12906 283 

Suspension of pupil for joining a, 12909 284 

Free school-books, 7739 264 

Funds, 7575-76.9 150-181 

Complaint use of school, 361 18 

County board of education, 4744-3 94 

Estimate of certified to county auditor, 7668 227 

How invested, when, 9660 183 

How provided for joint high school, 7671 229 

Maximum amount which treasurer may hold, 4769 122 

Rural boards of education must be paid from contingent, 4715 80 

Teachers' pensions exempt, v^^hen, 7886 327 

Teachers' pensions when not sufficient, 7885 '. 327 

Treasurer must deliver to successor, 4773. . ." 123 

Treasurer of the school, 4763 117 

To be retained by county treasurer, 7584 167 

Transfer of for teachers' pensions, when, 78!)G 329 

General provisions of law relating to schools, 10. 1!', 23-1, 27, -IS, 29, 30, 286. . . .13-15 

German language may be taught, when, 7729 256 

Governor, 

Approval of certain leases, when, 3209-1 47 

Ap^)roval of compensation of clerks and assistants in school department, 

353-1 17 

Authority of as to reports, 2266 295 

Delinition of terms regarding annual reports, 2264-2 295 

Shall appoint trustees of normal schools, 7901-4 382 

Shall proclaim arbor day, 7688 239 

Graduates, 

Admission of to high school, 7674 230 

Diploma granted to, 7656 225 

Hazing, 12417 335 

High school on campus of Ohio State University, 7950-1 .^. 351 

High school committee, 7670 228 

High schools. 

What shall constitute a, 7752 269 

Admission of graduates, 7674 230 

Any board of education may establish, 7663 227 

Certificate as to grade of, furnished to each graduate, 7656 225 

Certificate of grade of, 7661 226 

Classified, 7651 220 

Defined, 7649 219 

Diploma granted to graduates, 7656 225 



454 INDEX. 

High Schools — Concluded. page 

First grade, 7652 221 

May be established by any boards of education, 7G63 227 

Penalty for failure to give certain information, 7G62 227 

Shall not be discontinued for three years, 7064 227 

Shall not be discontinued within three years, exceptions, 766-1 227 

Second grade, 7653 221 

Third grade, 7654 221 

Transportation, when, 7749 . 267 

High school certificates. 

Branches required for, 7831 310 

May be granted by the state board of examiners, when, 7807-4. 302 

May be issued by county board of examiners, when, 7831 310 

Professional training required for, 7823 307 

When state life shall be granted to holder of degree, 7807-7 302 

High school inspectors, 

Appointment of by the superintendent of public instruction, 7753 270 

Duties, 7753-1 270 

Compensation and expenses of, 7753-3 270 

Half time, 7753 270 

Rating of high schools by majority vote of, 7753^2 270 

Reports of, 7754 271 

High school graduates with one year professional training may be granted 

certificates, 7832-3 311 

Holidays, 

Columbus discovery day, 8301 239 

Dismissal of school on, 7687 238 

Specified, 8301 239 

Humane societies, distribution of surplus sheep claims fund, 5653 96 

Industrial commission and truant officer shall cooperate, 7771 282 

Inspection and supervision of public offices, triplicate report of examinations, 

286 15 

Inspector of workshops and factories. 

May condemn school houses, 7630-1 '. 211 

Shall make complaint, when, 13007-7 285 

Institute, 

County board of education shall determine whether one shall be held, 

7668 31i^ 

Institutes, 7859-7874 318-322 

Pay for attending, 7870 319 

Interpretation of certain words, 27 14 

Investment of sinking fund, 7615 179 

Janitors, appointment of 240 

Janitors, examination of by the school physicians, 7692-1 243 

Joint high school. 

Estimate to maintain same certified to county auditor, 7'672 229 

High school committee, 7670 228 

Juvenile court. 1639 to 1683-10 :. .21-41 

Age limitation of children, 1653-1 30 

z^gent of certain institutions, duties, 1674 36 

Agreement with incorporated institution for care of child, 1673 36 

Appeal to, when, 7764 276 

Appearance docket and journal of, 1641 22 



' INDEX. 455 

Juvenile Court — Concluded. page 

Associations of other states, 1677 37 

Bail in certain cases, 1665 34 

Certificate required of associations before filing articles of incorpora- 
tion, 1352-2 37 

Chapter should be liberally construed, 1683 38 

Citation, warrant, contempt, 1648 26 

Citation or arrest ordered after hearing, 1658 32 

Commitment to county jail, when, 1657 31 

Commitment to institution or suitable persons, 1653 29 

Commitment, 1652 27 

Compensation of agents of certain institutions, 1674 37 

Courts having jurisdiction under this chapter, 1639 21 

Costs of proceedings in, 7781 287 

Defined, 1639 21 

Delinquent child defined, 1644 24 

Delinquency, penalty for, 1654 30 

Dependent child defined, 1645 25 

Detention home, expenses of, 1671 35 

Detention home, how established and conducted, 1670 35 

Error proceedings, 1668 34 

Examination by competent physician, when, 1652-1 29 

Expense of writs, how paid, 1661. . .■ 32 

Failure or neglect to support, penalty, 1655 31 

Fees and costs, how paid, 1682 38 

Findings, not lawful evidence, when, 1669 34 

Forfeiture of bond, 1667 34 

Hearing, 1650 27 

How chapter to be construed as to certain schools, 1680' 38 

Judge may require report from institution, 1675 37 

Jurisdiction, 1642 22 

Jurisdiction of the judge of, 1683-1 38 

Jury trial, costs, 1651 27 

Mothers' pension, who entitled to, 1683-2 39 

Mothers' pension, 1683-2, 1683-10 39 

Penalty in certain cases, 1678 38 

Penalty for abuse or aiding and abetting delinquency, 1654 30 

• Powers and duties of probation officers, 1663 33 

Proceedings in, 7780 286 

Proper parental care defined, 1646 25 

Provisions of this chapter do not apply to Hamilton county. 1639 21 

Provision to avoid incarceration, 1648-1 27 

Probation officer, 1662 32 

Provisions in case of workhouse sentence, 1656 31 

Religious belief, children to be placed with persons of similar, 1679 38 

Report of truant officer to, 7779 286 

' Seal, 1640 22 

Special room for, 1649 27 

Suspension of sentence, 1666 34 

Transfer of case to, when, 1659 32 

When child becomes a ward, 1672 35 

When child is charged with felony, 1681 38 

When jurisdiction terminates, 1643 23 

Who may file complaint, 1647 26 

Writs, to whom issued, 1660 32 



456 INDEX. 

PAGE 

Juvenile disorderly person, 

Costs and proceedings. against, 7776 285 

Proceedings against, 7774 285 

Juvenile examiner, duties and compensation of, 7766 277 

Kent State Normal School, levy for, 7927-b 344 

Law school, admission to without examination of first grade high school grad- 
uate, 7658 226 

Leasing of school lands, 3104-3209-1 42 

Levies for taxes to be made, when, 5649-3a 142 

Levy, 

Amount to be certified to the county auditor, 7594 160 

Divided into four funds, 7587 158 

Maximum, 7591 159 

Sinking fund, 5649-1 139 

To meet payment of bonds, 5659 202 

To pay bonds, 7628 206 

Support of Wilberforce University, 7986 361 

Levying taxes, 5&49-1 to 5649-6 139-149 

Libraries, 7631-7643 212-215 

Board of education may appropriate money for, 7642 215 

Board of trustees of may establish museum, 7643 215 

Board of trustees, appointment, term, 7634 213 

Establishment of free public, 7631 212 

Jointly owned by two or more school districts, 7633 213 

Library funds, 7639 214 

Management and control of, 7635 213 

Powers of board of trustees, 7637 214 

Tax levy to maintain public, 7641 .' ' 215 

. Taxation for support of, 7632 213 

Trustees, 7636 213 

Trustees may acquire land, how, 7638 214 

Trustees, number and eligibility of, 7636 213 

Library fund. 

How provided and maintained, 7639 214 

Payments from, 7640 214 

Limitations, 

Emergency, 5649-4 147 

Of tax, bonds issued under, 2295-3 208 

On tax levy, 5649-2 : 139 

Loans or deposits, 

Illegal by public officers, when, 19 13 

Mayhem, 12419 335 

Manual shall be pre])arcd by the superintendent on prevention of accidents, 

7724-2 ■ 256 

Manual training schools, 7722 255 

Map, when territory is transferred, 4692 QS 

Materials, separate bid for work and, 2362 195 

Maximum amount of funds which treasurer may liold, 4769 122 

Maximum levy, 7591 159 

Maximum levy of 15 mills, when, 5649-5b 149 



INDEX. 457 

PAGE 

Maximum rate, proceedings when insufficient, 5649-5 148 

Mayors, jurisdiction of in compulsory education, 12984 289 

Medical school, admission to of high school graduate without examination, 

when, 7658 226 

Medical college, requisites for admission to examination in, 1270 220 

Members of city board of education elected for term of four years, 4702..., 73 
Members of boards of education, 

Annual meeting of, 4747-1 101 

Election of, 4838 132 

Election of in new districts, 4736-1 89 

How ballot printed, 5033 99 

Not eligible as a school physician, 7692-3 244 

Oath, 4746 99 

Terms, 4745 98 

Members of county boards of education, 

Election and qualification, 4728 83 

How school districts shall cast vote for, 4728-1 83 

Miami University, 8939^7941-1 348-349 

Annual report to Governor, 7940 348 

Appointment of trustees, 7939 348 

Deposits of donations and bequests when converted, 7941-1 348 

Duty of standing committee on colleges and universities, 7941 348 

Tax levy for support of normal school, 7927 344 

Tax levy for support of, 7924 342 

Sale and leases of state lands shall reserve, 23-1 14 

Minimum course of study by county board, 4737 90 

Ministerial Lands, 

Account of fund by auditor of state, 3240 55 

Certain sales of, 3242 56 

Collection of rents, 3200 44 

Dividend, 3205 45 

Fund, 3239 55 

Re-appraisement of, 3199 44 

Section 29, 3237 55 

Section 29, 3198 43 

State auditor to lease unsold portions of Sections 29, when, 3209-1 46 

Statement to be transmitted to county auditor, 3241 56 

Who entitled to participate in, 3206 45 

Minor, 

Must not be employed without age and schooling certificate, 12994 284 

Employment of during school session, 12976 288 

Month, year and week of school, 7689 239 

Mothers' pension. 

Attempt to obtain allowance by fraud, penalty, 1683-7 40 

Conditions of allowance, 1683-3 39 

County commissioners may transfer surplus to meet requirements of 

juvenile court, 1683-10 41 

Disposal fund when amount insufficient, 1683-5 4(j 

Record of proceedings, appeal, error, 1683-8 40 

Tax levy for, 1683-9 41 

To whom act does not apply, 1683-6 40 

Visitation of homes and reports, 1683-2 39 

When allowance shall cease, 1683-4 4( 

Who entitled to, 1683-2 '. 39 



458 INDEX. 

PAGE 

Municipality may convey real property to board of education, 7624-1 196 

Municipal corporation taxes, 5649-3a 142 

Municipal universities, 7902-7922 333-341 

Account of receipts and expenditures of endowment fund, 7918 340 

Admission of high school graduates to, 7674 230 

Boards of education to have control and management of property held 

in trust for educational purposes, 7921 341 

Bonds may be issued for, 7911 337 

Citizens not to be charged for admission of children, 7920 340 

Council may provide site for, 7906 336 

Deeds for, 7902 334 

Definition of, 7905 336 

Directors may accept educational trusts, 7915 338 

Disposal of bonds, 7912 337 

Disposition of funds, 7675 230 

Duties of trustees of sinking fund, 7914 338 

Exemption from taxation, 7915-1 338 

Grants for, how changed, 7907 336 

How trust funds to be applied, 7916 339 

How funds invested, 7919 340 

Powers of board of directors, 7902 334 

Power and control vested in directors, 7913 338 

Tax levy for support of, 7672 229 

Tax levies for, 7908 336 

Tax levy, when, 7922 341 

Trusteeship to vest in the city, 7917 339 

When board may confer degrees, 7904 335 

When levy for to be made, 7909 337 

Museum, 7643 215 

Newly created school district, 

Appointment of board of education, 4736 88 

Election of members of, 4736 88 

Equitable division of funds, 4736 88 

Nomination of candidates for board of education, 4997 134 

Non-resident pupils may attend school when, 7682 236 

Normal course, teachers having one year may be granted one year certificates, 

7832-2 311 

Normal school, 

City school districts may establish, 7647 219 

First grade high schools may establish, when, 7654-1 222 

Normal schools, 7897-7901-5 330-332 

Appointment of board of trustees for normal school in eastern Ohio, 

7901-3 ; 331 

Commission to locate an additional one, 7904-2 331 

Establishment of one additional in Eastern Ohio, 7901-1 334 

Governor shall have power to remove any trustees of normal schools 

for cause, 7901-5 332 

Location, 7897 330 

Organization of board of trustees, 7901-4 331 

Purchase of site and erection of buildings for one in eastern Ohio, 7901-4 331 

Report of commission to locate one in Eastern Ohio, 7901-2 331 

Selection of corps of teachers in eastern Ohio, 7901-4 331 



INDEX. 459 

Normal Schools — Concluded. page 

Selection of president for school in Eastern Ohio, 7901-4 331 

Term of members of board of trustees of one in eastern Ohio, 7901-4.. 331 

Vacancies in the board of trustees of filled by Governor, 7901I--5 332 

When another election may be held for local tax, 7901 330 

Notice to board of county visitors, 7782 287 

Notice of school elections, how published, 4839 133 

Nuisance or unsanitary conditions on* school property may be corrected, 4424 187 

Nurses may be employed by the boards of education, 7692 243 

Offices for county superintendents and county board of education, 4744-6.... 97 

"Ohio General Statistics," 173 293 

Ohio Constitution relating to public schools, Articles T, II, VI, XII, XV 5-9 

Ohio, floral emblem of, 29 14 

Ohio State University, 7942-7974-3 349-359 

Ohio State University, 14976-14992 405-411 

All equipment available for use of engineering experiment station, 

7961-4 . ; 356 

Annual report of trustees, 7947 350 

Appointment of trustees, term, compensation, etc., 7942 349 

Attorney general to be legal adviser of the board of trustees. 7953.... 353 

Board of trustees may make rules and regulations, 7948 351 

Board of trustees may receive devises of land, 7950^1 352 

Board of trustees shall have control of engineering experiment station, 

7961-3 356 

Board of trustees shall have general supervision of property, 7950 351 

Bond of treasurer, w^here filed, 7945 350 

Branches of learning to be taught at New Lyme, 7974-3 '.. 359 

Branches prescribed, 7955 353 

Ceramics expert as instructor, 7961 356 

Ceramics laboratory, 7960 355 

Collections of specimens of geolog^^ etc., 7957 355 

Correspondence courses, 7974 359 

County schools, 7973 359 

Department of ceramics, 7958 355 

Department of efficiency tests and survey by, 7654-6 223 

Duty of board of trustees regarding cereals, etc., 7956 354 

Election of president, professors, etc., 7949 351 

Engineering experiment station at, 7961-1 356 

Engineering experiment station shall not be conducted for gain, or 

advertisement of, 7961-5 357 

Establishment of agricultural school at New Lyme, 7974-1 '359 

Establishment of colleges of medicine and dentistry, 7954-1 353 

Establishment of a school of mines, 7962 357 

Funds from sale of land script, 7971 358 

Further purposes of the extension school, 7955-2 ? 354 

High school on campus of, 7950^1 351 

Investment of interest of script fund, 7972 358 

Meetings of board of trustees, 7946 350 

Officers of board of trustees, 7944 350 

Official name of trustees, 7943 349 

Permission of alumni to present dormitory building, 7950-2 351 

Purposes of engineering experiment station, 7961-1 356 

Sections providing for the establishment of, 14976-14992 405-411 



460 INDEX. 

Ohio State University — Concluded. page 

Special instruction in ceramics, 7959 : 355 

Tax levy for support of, 7929 345 

Title of lands to be vested in the state, 7952 352 

Trustees may receive and control certain property at New Lyme, 7974-2 359 

University Extension School, 7955-1 353 

University extension school shall investigate questions of public interest, 

when, 7955-3 354 

\\'ho admitted as pupils, 7954 353 

Written analysis of fertilizer, 7964 358 

Ohio University, 7932-7938 346-348 

Deposit of money, 7936 347 

Levy and collection of state tax upon lands donated to, 7937 347 

Owner to' receive deed for University lands, 7933 346 

Power of trustees, 7956 • 347 

Providing for sale of lands, 7932 346 

Registry of deeds shall be kept, 7935 347 

Tax collected from railroad company, 78-)S 348 

Tax in lieu of rents, 7938 ' 348 

Tax levy for support of, 7925 342 

Tax levy for support of normal school, 7926 343 

Validity of deeds, 7934 ^ 347 

Organization of the newly appointed board of education, 4736-1 89 

Original surveyed township, enumeration in, 7801 298 

Original surveyed township, when county divides, 7585 158 

Orphans' Asylums, 

Control and management of schools at, 7677 232 

Entitled to the advantages of a free education, 76B1 234 

Schools at, 7676 230 

Pay-roll. 4752 105 

Pensions, 7875-7896 323-329 

Who not entitled to, 7884 326 

Pharmacy school, admission to without examination of tirst grade high school 

graduate, 7(358 226 

Physical culture in schools, 7721 255 

Physicians, appointment, qualifications. 7692 243 

Practical teaching test, when and by whom given. 7825 308 

President board of education, 4747 99 

Absence of, 4753 : 106 

Duties of concerning bonds. 7627 205 

Shall issue call, when, 4742 92 

Price list of school books. 7709 250 

Principal of schools who fails to instruct pupils in fire drills, penalty for, 

12900 ! 218 

Private school, 

Reports from to superintendent of public instruction, 359 18 

Private corporations not for profit. 0022-9989 366-383 

Proceedings by board of education when treasurer's sureties ask to be dis- 
charged, 12201 120 

Processes against Boards of education, how served, 4760 Ill 

Professional ccrtilicatc-. renewal of by Superintendent of Public instruc- 
tion, 7845 314 

Professional school, who eligible to take examination for admission to, 7659.. 226 



INDEX. 461 

PAGE 

Professional training of applicants required for teacher's certificate, 7822.... 307 

Professional training required after 11)15 and 1!)2<). 782o-] 308 

Property, how sold by board of education. -175(i 107 

Provisional certificates, when life may be issued to holders of, 7807-6 302 

Probate Court, duties of in transferring territory. 4(I!'l 68 

Probation officers, appointment, compensation, 1662 32 

Poll-books and tally sheets, 5049 136 

Powers of board of Education, 4749 103 

Powers and duties of boards of education concerning school houses, 7620.... 174 

Powers and duties of county board, 4736 88 

Powers and duties of the Superintendent of schools, 7703 247 

Power to borrow money to extend time of debt, 5656 199 

Probate judge, duties of after centralization election, 472(5-1 82 

Probation Officers, 

Duties of, 1663 33 

Powers of, 1663 33 

Prosecuting Attorney, 

Duty of, 1664 33 

Legal adviser of boards of education. 47()1 Ill 

Public elections, 4838-5121 132-136 

Public Officers, illegal loans or deposits by, 19 13 

Publishers of school books. 

Filing of copies of book, 7709 250 

Violation of agreement by, 7712 252 

Public School District, classification of, 4679-4!;!;G 60-70 

Pupils, 

Assignment of by boards of education, 7684 236 

Attendance at the nearest school, when, 7735 261 

Conveyance of, when, 7730 256 

Conveyance of, optional by village boards of education, when, 7733 261 

Effect of removal from district regarding tuition, 7748 266 

Joining a fraternity, penalty, 12906. 233 

Suspension and expulsion of, 7685 237 

Tuition shall be paid, when, 7747 265 

Twenty-one, may attend school when, 7680 233 

Vaccination of, 7686 ' 238 

Qualifications of electors, 4861 134 

Quorum, boards of education, 4752 105 

Rate of taxation to be fixed by boards of education, 7586 158 

Rate of taxation, proceedings when insufficient, 5649-5 148 

Real estate, exchange of, 4758 110 

Receipts, publication of by clerk. 477(j 124 

Reduction or advancement of villa-;?cs and cities, 4686 65 

Referendum vote on number of members of city board of education, 4704... . ,74 

Registration of women, 4940 134 

Renewal of certificates, 7833 311 

Relative as teacher, may not be employed by board of education, 12932 109 

Rents of school lands, annual division. 3203 45 

Report of. 

Commission to establish normal school in Eastern Ohio, 7901-2 331 

Deaf, blind, etc., 2606 296 



462 INDEX. 

Report of — Concluded. page 

Clerk of county board of school examiners to State Department, 7836.. 312 

County teachers' institute by county superintendents, 7874 322 

The county superintendent of the teachers' institutes 318 

Sinking fund commissioners, 7617 180 

Schools for deaf, blind and crippled children, 7756 271 

Superintendent of public instruction to (lovernor, 360 18 

Teachers regarding truancy, 7772 283 

Reports, 7884-7793 ' 291-295 

Approval by the printing commission before , publication, 173-2 294 

Annual of board of education, 7787 292 

Blanks for must be furnished by the superintendent of public instruc- 
tion, 7788 292 

Duty of county auditor as to school statistics, 7789 ' 292 

Clerk shall not order for teacher's pay until report filed, 7786 291 

Compensation of county auditor for making, 7793 293 

Correction of proof sheets and preparation of indexes, 748 294 

Definition of certain terms, 2264-2 295 

Fiscal year, 260-1 294 

Governor's authority as to reports, 2266 295 

High School inspectors, 7754 271 

"Ohio general Statistics," 173 293 

Penalty for neglect of county auditor, 7790 293 

Penalty when the county auditor fails to transmit the enumeration re- 
turn, 7792 293 

Printing may be done by penal institutions, 173-2 294 

Private schools to superintendent of public instruction, 359 18 

Publication of Ohio General Statistics, 173-1 '. 294 

School records shall be kept by superintendent and teachers, 7784 291 

Special by^ superintendent and teacher, 7785 ' 291 

State report shall be made in triplicate, 2264-1 294 

When county auditor to appoint persons to make, 7791 293 

Resolution, to contain what, 7608 173 

Rules and regulations of county board of school examiners, 7816 304 

Rural and village schools, supervision of, 4740 91 

Rural boards of education. 

Assignment of electors in attached territory, 4714 80 

After centralization election, 4726-1 82 

Compensation of members, 4715 80 

Election, 4712 80 

Employment of teachers, 7705 247 

Meetings of, 4715 80 

Must be paid from contingent fund, 4715 80 

Number of members of, 4712 80 

Question of centralization to be submitted to vote, 4726 81 

Term, 4712 80 

• Title of village passes to, when, 4683 - 63 

Rural scliool districts, 4712-4727 80-82 

Affected by newly created villages, 4687 QQ 

Assignment of electors in attached territory, 4714 80 

Boards of education in, 4712 80 

Compensation of members of board, 4715 .-. , . .80 

County board certify salaries of county and district superintendents, 

4744-2 " 93 



INDEX. . 463 

Rural Board of Education — Concluded. I page 

County Board may publish course of study, 4737 - 90 

Establishment of evening schools, 7679 233 

Failure to elect board of education, 4736-1 89 

Proceedings of in certain cases, 4736-2 89 

Procedure to dissolve, 4735-1 87 

Shall contain township and special, 4735 ' 86 

Title passes to, when, 4683 63 

Title to property when dissolved, 4735-2 87 

Title to property vests in board of education, when, 4735-2 ! 87 

Territory must be contiguous, 4685 65 

When and how village school district may dissolve and join, 4682-1.... 63 

Salaries, monthly certifications of deductions from, 7888 327 

Salaries of teachers, shall be fixed by the boards of education, 7690 240 

Salary of district superintendent paid by state, 4743 92 

Salary of teachers, 7"'^95 161 

Salt lands, interest u])0!! proceeds of, 7577 152 

School and ministerial lanrls. 3194-3243 42 

School attendance, 7763 275 

School boards, illegal loans or deposits ;.y public officers, 19 13 

School books, care and preservation of, 7720 255 

Filing and preservation of, 770!) 250 

Maximum price, 7710 i 251 

Of whom ordered, 7714 254 

Powers and duties of boaiJ: of education regarding, 7715 254 

Price list of, 7709 250 

Purchase of old books by the boards of education, 7716 254 

Violation of agreement by the publi-bers, 7712 252 

School book commission, governor, secretary of state, and superintendent of 

public instruction, 7710 251 

School book publishers, violation of agreements by, 7712 252 

School books free, when, 7739 264 

School buildings, 12600-44 to 12600-72 384-404 

Additions to, when, 12600-45a 385 

Alterations, 12600-274 399 

Approval of plans by inspector of workshops and factories, when, 1035.. 401 

Assembly hall, 12600-52 388 

Basement rooms, 12600-49 387 

Blowers in work shops, 12600-71 399 

Chief Inspector of Workshops and Factories, duties of concerning ex- 
plosives, 12537 ". 403 

Class of construction required, 12600-45 384 

Classification, 12600-44 384 

Copy of notice of district inspector sent to mayor, 1033 401 

Dimensions of school and class-rooms, 12600-50 387 

Duties of inspector of plumbing, 1261-3 403 

Electric work, 12600-67 ." . 397 

Elevators, 12600-59 393 

Entrances and exits,^ 12600-55 - 389 

Examination of for safety in case of fire, 4648. 402 

Exit doors and windows, 12600-60 393 

Exposure and courts, 12600-46 385 

Finishing, hardware, 12600-68 397 



464 INDEX. 

School Buildings — Concluded. page 

.Fire alarm, 12G00-70 • 399 

Fire extinguishers, 12600-69 398 

Floor and roof loads, 12600-63 394 

Gas light, 12600-66 397 

Gradients, 12600-57 393 

Guarding machinery and pits, 12600-72 399 

Heater room, 12600-48 387 

Heating and Ventilating, 12600-64 394 

Injurying and permitting nuisances in, 12487 403 

Inspection of by Chief Inspector of Workshops and Factories, 1031.... 400 

Inspectors to have access to building, 4657 402 

Light, 12600-54 388 

Manufacturing or storage of explosives near, 12536 403 

Order of Chief Inspector of Workshops and Factories must be complied 

with, 1035 401 

Passageways, 12600-58 393 

Penalty for changing plans, 1036, 1037 401 

Report of district inspector concerning, 1032 400 

Rest rooms, 12600-51 388 

Sanitation, 12600-65 395 

Scuttles, 12600-65 394 

Seats, desks and aisles, 12600-53 388 

Section does not apply to, 12600-278 , 399 

Special construction, 12600-62 394 

Stairways, 12600-56 391 

Subdivisions and fire stops, 12600-47 386 

Using same without certificate, obstructing aisles, penalty for, 12574.... 404 
School districts, 

Classification of, 4679-4696 60-70 

Compensation of registrar of, 2295-2 207 

County defined, 4684 64 

Libraries jointly owned by two or more, 7633 213 

Re-issue of lost or destroyed bonds or certificates, 2295-5 208 

Territory must be contiguous, 4785 65 

Village with less than five hundred thousand dollars valuation not a 

village school district, 4682 63 

When treasurer may receive or pay money, 4768 121 

Classified, 4679 60 

Eligible to state aid, 7595-1 162 

School districts in cities, ballots for, 5034 99 

School districts of the . ccrunty, 4728-4744-6 83-97 

School districts of villages, 4708-4711 ; 77-79 

School elections, 4838-5121 132-136 

Notice of, 4839 133 

School fund. Appropriation for state common school fund (House Bill No. 

343, 1915) 156 

School funds, 7575-7619 150-181 

Accounts of, 7580 153 

Accounts with districts, 2602 167 

Accumulations, how invested, 9357 182 

Advance payments to local authorities, 2692 168 

Amount of levy to be certified to county auditor, 7594 160 

Application of, 2457 155 



INDEX. 465 

School Funds — Continued. page 

Apportionment by county auditor, 7(j00 165 

Apportionment of by auditor of state, 7582 155 

Apportionment of by county auditor, 7G00 1G5 

Apportionment to be made in February settlement, 7583 157 

Apportionment when county line divides original surveyed township, 

7602 ' 168 

Appropriation for common school fund (House bill No. 343, 1915) 156 

Bequests for common school fund, 7581 .^. . 154 

Bids, 7606 172 

Board of education fix rate of taxation, 7580 158 

Bonds issued by boards of education, 7619 181 

Certificate of apportionment, 7603 169 

Common school, 7579 153 

Deficiency in the common school fund, how supplied, 251 151 

Deposit of, 7604 170 

Deposit when district contains two or more banks, 7605 171 

Disposition of sale, 8369 182 

Dissolved rural districts shall become part of other school districts, 

4735-2 87 

Distribution of money after apportionment, 7601 168 

Districts containing less than two banks, 7607 173 

District not entitled to if the enumeration not taken, 7600. 165 

District not entitled to when enumeration not taken, 7802 299 

Division of in transfer of territory, 4692 68 

Duty of county auditor concerning, 7612 176 

Fines to be paid into, 7612 176 

Fraudulent use of, 361 18 

Greater tax may be levied, 7592 160 

How invest idle funds, 9660 183 

Interest upon proceeds of salt and swamp lands, 7577 152 

Investment of sinking fund, 7615 179 

Levy to be divided into four funds, 7587 158 

Liability of treasurer relieved, 7609 174 

Limitation, 7604 170 

Maximum levy, 7591 159 

• Money may remain in county treasury, 2690 167 

Money shall not be held without authority, 2691 168 

Moneys to be forwarded to state treasurer, 2693 168 

Neglect of certain duties by a board of education, 7610 175 

Notice of election for an additional levy of five mills, 7593 160 

Number of school age required to entitle district to state aid, 7597. 164 

Payment of bonds and interest, 7618., 180 

Payments to local treasurers, 2689 167 

Penalty for neglect concerning, 2605 167 

Personal liability of board members, 7611 176 

Proceeds of sale of swamp lands, 7578 152 

Report of sinking fund commission, 7617. 180 

Resolution to contain what, 7608 173 

Salaries of teachers, 7595 161 

School districts eligible to state aid, 7595-^1 162 

Sinking fund, 7613 177 

Sinking fund commissioners may issue refunding bonds, 7616 180 

State aid for weak school districts, 7596 163 

30 s. I,. 



466 INDEX. 

School Funds — Concluded. page 

State common school shall be apportioned, how, 7600 165 

Tax levy for state common school funds, 7575 150 

To be retained by county treasurer, 7584 157 

To whom paid, 7599 165 

Treasurer and auditor's duties, 6350 152 

Treasurer of, 4763 117 

Tuition, building, contingent, sinking, 7587 158 

When boards of education may levy to pay assessment, 6510 181 

When county line divides township, 7585 158 

When districts situated in two or more counties, 7598 16^^! 

When treasurer may be dispensed with, 4782 128 

Who to provide certain funds, 7614 178 

School houses, 7620-7630-1 184-212 

Appropriate land, when, 7624 196 

Attempting to commit felony in, 12441 189 

Board of education may issue bonds for building of, 7625 197 

Boards of education shall build, 7666 227 

Boards of education shall furnish, 7666 227 

Breaking into in day time to steal, 12442 189 

Breaking into in night season to commit personal violence, 12443 189 

Burglary in uninhabited, 12438 189 

Certificate of chief inspector regarding explosives, 5904 188 

Citizens only responsible for damages to, 7622-2 190 

Closed during epidemic, 4448 • 188 

Directions for bidding and for letting contracts, 7623 191 

Display of U. S. flag on, 7621 189 

Exempt from taxation, 5349 110 

Handling of explosives near regulated, 5903..., 188 

Issue of bonds for by boards of education, 7629 209 

May be used for what purposes, 7622-3 190 

May issue bonds for, 7625 197 

Municipality may convey real property to board of education, 7624-1. .. . 196 

Nuisance or unsanitary conditions may be corrected, 4424 .". . . 187 

Powers and duties of boards of education, 7620 184 

Regulating use of, 7622 189 

Replacement of condemned or destroyed, 7630-1 , 211 

Rights and liabilities not affected, when, 3514 186 

Separate bids for work and materials, 2362 195 

Shall be inspected by board of health, 4448 188 

Social center of city, 7622-5 191 

Supervision and conduct of social and recreational work, 7622-4 191 

Tax levy for social center fund, 7622-7 191 

Theatrical and other public exhibitions, 3657 186 

Used for recreational and educational purposes, 7622-1 190 

Water supply free for certain purposes, 3963 187 

When contracts shall not be awarded for entire work, 2363 196 

Social centers, 7622-1 190 

School lands, 3194-3243 42-59 

Action to re-appraise, 3218 50 

Annual division of rents, 3203 " 45 

Appraisement of, 3214 , 49 

Appraisers of certain leases and how valuation shall be made, 3^22 51 

Auditor of state authorized to lease unsold portions of Section 16, when, 



INDEX. 467 

School Lands — Concluded. page 

3209-1 46 

Certain sales of, 8242 56 

Clerk shall certify report of number of teachers and average daily at- 
tendance, 3204 45 

Collection of rents, 3200 44 

Deed, 3232 54 

Deed from state for delinquent lands, 3234 54 

Disposition of proceeds, 3230 53 

Duties of county auditor when lessees or trustees delinquent, 3209 46 

Duties of treasurer, fees, 3202 44 

Enforcing payment by sale, 3228 52 

Error in purchase shall be corrected, 3243 56 

Excess of money on delinquent sale, 3235 54 

Exchange of lots for school purposes, 3707 57 

Facts shall be submitted to board of arbitration, when, 3209-1 48 

Fees, 3236 55 

Fees for transfers, 2626 57 

Final certificate in certain cases, 3233 54 

Hearing and order, 3710 58 

How appropriated, 11067 58 

How payments made, 3226 52 

Improvements by the trustees, 3197 43 

Leases of, made valid, 3208 46 

Leasing of, 3194-3209-1 42 

Length of term for lease, 3196 43 

. May be offered again, how, 3217 50 

May be sold, 3210 48 

Minerals excluded, 3214 49 

Notice of petition for change of lot to be published, 3709 57 

Notice of sale of lease, 320il 44 

Notice to auditor when vote is to be taken, 3211-1 48 

Officers of civil township shall perform duties of officers of original 

township, 3207 46 

Oil, gas, coal or other minerals shall be reserved for the state, when, 

3210 48 

Payments to County Treasurer, 3225 51 

Petition and action of auditor, 3231 54 

Petition to change school lands shall contain, what, 3708 57 

Pollbook shall be deposited with auditor, 3212 48 

Proceedings for sale, 3216 49 

Proceedings on failure to pay damages awarded, 3209-1 47 

Proceedings to sell before order shall issue, 3229-1 53 

Proceedings when held without agreement, 11084. 58 

Proceedings when vote has not been taken, 32.1'1 48 

Re-appraisement, 3220 50 

Re-appraisement of, 3199 44 

Re-appraisement of permanent leases, 322.li 51 

Re-appraisers appointed by court, 3219 50 

Re-entry and further procedure when, 3209-1 47 

Release of lease to be made, how, 3224 51 

Report of sales to auditor of state, 3227 52 

Returns shall be recorded, 3215 49 

Sale and incidents thereto', 3229 53 



468 INDEX. 

School Lands — Concluded. page 

Sales and leases of shall reserve all oil. gas, coal, etc., 23-1 14 

Settlement for minerals taken from lands prior to lease. 320l)-l 47 

Surrender of lease must be submitted to vote, 3223 51 

Terms of lease, 3195 40 

To whom to be leased. 3195 42 

Trai]sfer of property to librar}- trustees, 371 1 .58 

Trustees shall lay out and lease lands, 3194 42 

Trustees shall petition court of common pleas, 3213 49 

Trustees may sue for injuries to, 323S 55 

Trustees shall preside at election, 3212 48 

When question of damages submitted to arbitration. 3209-1 47 

School physician. 

Appointment, qualifications, 7692 243 

Examinations and diagnosis of children, teachers and janitors. 7692-1.... 243 

May receive additional compensation when. 7693 244 

Must not be a member of the board of education. 7692-3 244 

Uniform card index records shall be kept by, 7692-1 243 

School property exempt from taxation. 4759 ". . . . HO 

School taxes, 5649-3a , 142 

School year, month and day, 7689 239 

School, 

Control of vested in boards of education. 7690 240 

Tuberculosis. 7644-1 218 

Schools and attendance, 7644-7761 216 

Schools at Children's homes and orphans' as\lunis. 767(1 230 

School Laws, 

Collation of by superintendent of public instruction. 356 17 

Schools may be dismissed on holidays, 7687 238 

Schools of each district shall be free, 7681 234 

Schools specially endowed, 7987-7994 363-365 

Accounts to be rendered by trustees of 7993 365 

Contracts with the board of education, when. 7!):M 364 

Filling vacancies in board of trustees. 7989 364 

Organization of board of trustees. 7988 363 

Powers and duties of trustees, 7990. 364 

Termination of contract if school becomes sectarian. 7992 364 

Trustees for. 7987 363 

Visitors, 7994 '. 365 

Second grade high schools, 7653 221 

Sections providing for establishment of Oliio State Universitv. 14976- 

14992 " 405-411 

Semi-annual apportionment, 

County and district superintendents' salaries, 4744-2 94 

Funds to be retained by county treasurer at, 7584 157 

"Service fund", of the city boards of education, 7704 247 

Settlement by treasurer with county auditor, 4770 123 

Compensation of treasurer for making, 4771 , 123 

Penalty for failure to make by treasurer, 4772 123 

Sheep claims fund, distribution of, 5653 96 

Sinking fund. 7613 177 

Sinking fund, 7587 158 

Board of commissioners of, 7613 177 

Investment of. 7615 ' r 179 



INDEX. 469 

Sinking Fund — Concluded. page 

Duties of trustees of municipal universities, 7914 338 

Levy for, 5649-1 139 

Payment of bonds and interest, 7618 180 

Proceeds of special levy shall be transferred to, when. o6o4 199 

Sinking fund commissioners, report of, 7617 180 

Smith One Per Cent Tax Law, 5649-1 to 5649-6 139-149 

Social centers, 7622-4 191 

School houses as, 7622-1 190 

Tax levy for fund, 7622-7 191 

Sorority, 12906-12909 233-234 

Special certificates, 

May be granted by the state board, when, 7807-5 302 

Professional training required for, 7823 307 

Special course for truants, 7772 283 

Special examiners, 7841 » 313 

Special meetings of boards of education, 4751 104 

Special school district, officers continue until successors elected. 4735 86 

Special tax levies, proceeds of shall be used for no other purpose, 5654 199 

Special vacation certificates, 7766 277 

Standardized schools, 

Admission to high school from without examination, 7655-7 225 

Consolidated elementary of the first grade, 7655-4 ." . . . 224 

Consolidated elementary of the second grade, 7655-3 224 

First grade elementary, 7655-2 223 

Metal placard showing grade of, 7655-8 225 

Second grade elementary, 7655-1 223 

State aid. 

County normal schools shall receive not more than one thousand dollars, 

7654-5 222 

Exempted village district not entitled to, 4688-2 67 

May be given for model one-room rural school, w^hen, 7654-7 223 

Number of school age required to entitle district to, 7597 164 

School , districts eligible to, 7595-1 ^ 162 

When not paid, 4740 -. . ' 91 

Weak school districts, 7595 161 

Weak school districts, 7596 163 

State auditor. 

Apportionment of school funds to be made in Februarv settlement, 

7583 " 157 

State board of examiners, 7805-7810 . 300-303 

Appointment and qualifications, 7805 300 

Examination fee of $5.00, 7809 ; 303 

Power to issue certificates, 7807 301 

Professional training required of applicants, 7807-1, 7807-2 301 

Record of certificate, 7807 301 

Terms and vacancies, 7806 301 

When state life certificate shall be issued to holder of provisional cer- 
tificate, 7807-6 302 

When state life high school certificate may be issued to, holder of 

degree, 7807-7 302 

State Building Code, 12600-44 to 12600-72 384-404 



4/0 INDEX. 

PAGE 

State common school fund, appiuiniatiDii for (llousc \V\\\ Xo. 'M'], 1!M5)..,. 150 

How apportioned, 7000 105 

Tax levy for, 7575 150 

State fire marshal, duty of concerning lire drills of pupils, 12902 218 

State normal schools, 7897-7901-5 330-332 

Authorized to maintain certain model schools, 7(J54-7 223 

Establishment of additional one in Eastern Ohio, 7901-1 331 

Local tax to aid, 7899 330 

Location, 7897 330 

Maintenance, control, instruction, 7898 330 

Question as to levying local tax must be sul)mitted to vote, 7900 330 

Question of tax must be submitted to vote, 7900 330 

State reports shall be made in triplicate, 2204-1 294 

State school commissioner, affidavit of the boards of education about medical 

inspection, 7092-4 244 

State school commissioner and the state board of health shall jointly pass 

rules concerning medical inspection, 7092-2 244 

State universities generally, 7923-7931 341-340 

Statistics, Ohio General, 173 • 293 

Publication of Ohio General, 173-1 294 

Sufficient school accommodations to be provided, 7738 264 

Suits against boards of education, how served, 4700 Ill 

Summer school, teachers who attend may be paid by boards of education, 

when, 7868-1 319 

Superintendent of Public Instruction, 352-367 10-20 

(See state school commissioner) 7092-1 to 7092-4 244 

All five and eight year certificates shall be renewed by, 7821-1 300 

A member of the school book commission, 7710 251 

Annual report of city board of school examiners to, 7854 310 

Annual report of clerk of county board of school examiners, 7836 312 

Annual report of county board of school examiners to, 7815 304 

Annual report of the school book commission, 7712 252 

Annual report to Governor, 360 ' 18 

Appeals from local boards of examiners to, 7857 316 

Appointment, 352 16 

Appointment of high school inspectors by, 7753 670 

Appointment of state school examiners by, 7805 300 

Approval of state aid to model one-room rural schools, 7654-7 223 

Arbor Day Manual, 358 18 

Attorney general shall be legal advisor for, 333 10 

Blanks for annual report must be furnished by. 7788 292 

Bond of, 353 ^ 17 

Bond of filed in office of secretary of state, 353 17 

Call high school inspectors for conference, 7753-2 270 

Certify colleges and universities to Secretary of State, when, 9923 307 

Classification of high schools 7753-2 270 

Clerks and assistants may be employed by, 853-1 17 

Clerk of board of education shall furnish information concerning high 

schools to, 7660 ' 226 

Collates school laws and forms, 356 : 17 

Compensation and mileage of examiner of fraudulent use of school 

funds, 366 , 20 



INDEX. 471 

Superintendent of Public Instruction — Continued. page 

Complaint of fraudulent use of school funds, 361 18 

Copy of each book must be filed with, 7709 250 

County normal school to receive state aid must have approval of, 

7654-5 222 

Duties of, 354 17 

Duties of regarding the effects of alcohol, 7727 256 

Duty of certain officers in case of examination for fraudulent use of 

school funds, 363 19 

Duty of concerning book for instruction of pupils in fire drill, 12903.... 219 

Duty of when enumeration excessive, 7804 299 

Enumeration report to by the county auditor, 7803 299 

Examiner to investigate condition of school funds, when, 362 19 

Forms and regulations for reports and proceedings, 357 18 

Forms for practical teaching tests shall be made by, 7825? 308 

Grade of high school shall be determined by, 7752 269 

High school must be certified to by to grant diplomas, 7656 225 

In appeals from boards of examiners may order applicant to be given 

a certificate, when, 7858.' 316 

Inspection of schools for deaf, blind and crippled by, 7761.' 272 

Manual for the instruction of teachers in the prevention of accidents, 

7724-2 256 

May establish county normal schools, when, 7654-1 222 

May appoint additional high school inspectors, when, 7753 270 

May request assistance from department of efficiency tests and survey, 

7654-6 223 

May require reports of various officers, 355 17 

Must certify that the county auditor has made certain reports before 

he can draw his money, 7793 293 

Must give approval for county board to issue emergency certificate, 

7832-1 311 

Must give approval of graded course of study, 7645 218 

Normal schools must be approved by, 7832-3 311 

Notice to publishers, 7710 251 

Published list wholesale price of each book filed with, 7709 250 

Publisher certifies the price of books to, 7710 251 

Renewal of five and eight year city certificates, 7845 314 

Report enumeration to auditor of state, 7582 155 

Reports from private schools, 359 18 

Report of examiner on fraudulent use of school funds, 364 19 

Report of shall be made in triplicate, 2264-1 294 

Report of the school book commission, 7711 252 

Shall approve colleges, 7807-5 302 

Shall approve colleges and universities, when, 7807-7 302 

Shall establish school for the deaf, blind and crippled children. 7755 271 

Shall fill vacancies in state board of school examiners, 780(1 301 

Shall fix entrance requirements of county normal schools, 7654-2 222 

Shall fix salary of half time high school inspector, 7753-3 270 

Shall formulate the age and schooling certificate, 776G 277 

Shall furnish eighth grade certificates, 7747 265 

Shall furnish metal placards, when, 7655-8 225 

Shall grade the hig^h schools of the state, 7661 226 

Shall grant four-year provisional elementary certificates, when, 7807-3... 302 

Shall grant four year provisional high school certificates, when, 7807^. . 302 



47^* INDEX. 

Superintendent of Public Instruction — Concluded. page 

Shall pay half time high school inspectors, 7753-3 270 

Shall prepare and print county teachers' examinations, 7819 305 

Shall take high school charter when, 7661 226 

Stenographer for examiner of school funds, when, 365 19 

Supervision of school funds and reports, 355 17 

Term, 352 16 

When special certificate shall be granted by, 7807-5 302 

Who eligible as, 352-1 '. 16 

Superintendent of schools, 

Powers and duties, 7703 247 

Sexual intercourse with female pupils, 13030 248 

Shall not act as sales agent, 7718 254 

Shall keep school records, 7784 291 

Shall make special report, when, 7785 291 

Supervision district, division of county district into, 4738 90 

Supervision of village and rural schools, 4740 91 

Supervisor of public printing, correction of proof sheets and preparation of 

indexes by, 748 : 294 

Sureties of treasurer may apply to be discharged, 12200 120 

Surplus sheep claims fund, distribution, 5653 96 

Suspension and expulsion of pupils, 7685 237 

Swamp lands, 

Interest upon proceeds of, 7677 152 

Proceeds of sale of, 7578 - 152 

Taxation and taxes, 5649-1 to 5649-6 139-149 

Adjustment and certification of budget, 5649-3c 145 

Advertisement of sale of public bonds, 2294 206 

Annual budget of boards of education to county auditor, 7672 229 

Another election may be held for local tax for normal schools, when, 

7901 330 

Appropriations each fiscal half year, 5649-3d 146 

Application of money derived from bond issue, 5659-2 203 

Auditor shall ascertain amount necessary, 5669 204 

Balances unexpended, 5649-3e 147 

Ballot, 5649-5a 14!) 

Blanks for, 5649-3a 142 

Board of education to fix rate of, 7586. . . .' 158 

Bond issues, 7626 204 

Bonds, requisites of, 7627 205 

Budget, 5649-3a 142 

Certificate of board of educational specifies what, 5660 203 

County, 5649-3a 142 

County budget commission, members of, powers, duties, 5649-3b 144 

Credit of on tuition, 7683 236 

Districts authorized to issue bonds when 50% of tax collected is enjoined 

or in litigation, 5659-1 202 

Emergencies, 5649-4 147 

Examination of budgets; 5649-3c 145 

Exemption of municipal university, 9515-1 338 

For free public library, 7632 213 

For state normal schools must be submitted to vote, 7900 330 

Former legal bond, 5649-la 139 

Greater may be levied, when, 7592 160 



INDEX. 473 

Taxation and Taxes — Concludecl page 

Greater tax may be levied, when, 7592 160 

In consolidated districts, 5649-6 149 

Levy to meet payment of bonds, 5659 202 

Levy to pay bonds, when, 7628 206 

Levy for support of municipal university, 7673 229 

Levy to maintain public libraries, 7641 215 

Levy for sinking fund and interest, 5649-1 139 

Levy for sinking fund and interest, 5649-1 139 

Limitation, 5649-2 139 

Maximum levy 15 mills, 5649-5b 149 

Maximum levy, 7591 159 

Municipal corporation, 5640-2a 142 

Notice, 5649-5a 148 

Notice of election for five additional mills, 7593 160 

Proceedings when maximum rate insufficient, 5649-5 148 

Proceeds of special levies shall not be used for other purposes, 5654.... 199 

Power to borrow money, to extend time of debt, 5656 199 

Power to exchange bonds, 5657 200 

Requisites of bonds, 7627 205 

Resolution as to debts by boards of education, 5658 201 

Result of election, 5649-5b 149 

School property exempt from, 4759 110 

Schools, 5649-3a 142 

Tax levy limitation, 5649-2 139 

To aid normal schools, 7899 330 

Township, 5649-3a 142 

Levy limitation, 5649-2 139 

Levies for support of municipal universities, 7908 336 

Levy for support of common school fund, 7575 150 

Levy for social center fund, 7622-7 191 

Limitations, concerning bonds, 2295-3 208 

Levy, 5054 140 

Vote, 5649-5a 148 

When bids rejected bonds shall be sold how, 2205 207 

Transfer of surplus, 5654 199 

When district situated in two or more counties, 7598 164 

When tax levy to be made, 5649-3a 142 

Teaching of agriculture in the public schools, 7761-1 273 

Teachers, 

Assemblage of by the district superintendent, for conference, 7706-1 .... 240 

At children's homes must hold an elementary certificate, 7677 232 

Deaf, blind and crippled schools, 7759 272 

Definition of, 7881 325 

Dismissal for insufficient cause, 7708 250 

Employment of, 7705 247 

Employing relative by board of education, 12932 109 

Examination of by the school physicians, 7692-1 243 

General duties of, 7707 250 

Heirs entitled to half amount paid into teachers' pension fund, 789.!.... 328 

Hired by the boards of education, 7690 240 

Legalizing payment of for attending 1914 institute (House Rill No. (187) 321 

May be dismissed for cause, 7701 246 

Mav dismiss school on certain holidays, 7687 238 



474 INDEX. 

Teachers — Concluded. page 

May voluntarily retire and get pension, when, 7882 326 

One shall be appointed as member of the county board of school exam- 
iners, 7811 303 

Professional training required after 1915 and 1920, 7823-1 308 

Provisions for refunding, 7891 328 

Report to clerk of truancy, 7772 283 

Resignation of, 7700 246 

Retirement of by board of trustees, 7880 325 

Salaries of, 7595 161 

Sexual intercourse with female pupils, 13030 248 

Shall give instruction in the prevention of accidents, 7724-1 255 

Shall instruct pupils- in fire drill, 12902 218 

Special reports by, when, 7785 291 

Standard of qualifications of by city board of school examiners, 7840.... 313 
Having one-year normal course may be granted one-year certificates, 

7832-2 '..... 311 

Shall not act as sales agent, 7718 254 

Shall keep school records, 7784 291 

Thirty dollars per, 7600 165 

Under district superintendent, 4743 92 

Term of, 7691 242 

Who attend summer school shall be paid by boards of education, when, 

7868-1 319 

Who neglects to instruct pupils in fire drill, penalty for, 12901 ' 218 

Teachers' certificates, kinds that may be issued by county board, 7829 309 

Teachers' elementary certificates, necessary at children's homes, 3088 231 

Teachers' emergency certificate, 7832-1 311 

Teachers' pay, illegal if report not made, 7786 291 

Teachers' special certificate, 7832 311 

Teachers' institutes, 7859-7874 318-322 

City district funds to be paid into county board of education fund, when, 

7873 322 

County boards of education shall determine whether an institute shall be 

held, 7868 319 

Organization of, 7859 .' 318 

Effects of alcohol shall be taught, 7725 256 

Election of officers, 7860 318 

Expense of election of officers, 7860 318 

Expenses of city, how paid, 7872 321 

For city districts, 7871 321 

Legalizing payment of teachers who attended in 1914 (House Bill No. 

687) . . .' 321 

Length of session, 7874 322 

Notice of election, 7860 318 

Pay for attending, 7870 319 

Report by county superintendent, 7865 318 

Teachers may dismiss school to attend, 7869 319 

Time institute may remain in session, 7869 319 

When boards of education shall pay teachers who attend summer school, 

7868-1 ". 319 

Teachers' pensions. 7875-7806 323-329 

Amount of, 7883 326 

Donations, bequests, etc., 7878 325 



INDEX. 475 

Teachers' Pensions — -Concluded. page 

Election of board of trustees, 7870 ; . . 324 

Exempt, when, 7887 327 

Investment of funds, payment of pensions, 7879 325 

Heirs of teachers entitled to half amount i)aid, 78f)2 328 

Provision for creation of fund, 7877 324 

Meaning of term "teacher," 7881 325 

Monthly certifications of deductions from salaries, 7888 327 

Monthly payments to be made by boards of education into pension fund, 

7894 328 

^ Payments from contingent fund, when, 7895. ." 329 

Provisions for refunding teachers, 7891 328 

Retirement of teachers by board, 7880 325 

Rules and regulations of board of trustees, 7893 328 

Transfer from existing fund, 7896 329 

Trustees of fund, 7875 ■ '. 323 

Use of principal and income, 7886 327 

Voluntary retirement, 7882 * 326 

When fund insufficient to pay, 7885 327 

Who custodian of, 7889 328 

Who not entitled to, 7884 326 

Teachers' pension fund, 

Provision for creation of, 7877 324 

Trustees of, 7875 323 

Temporary certificates, 7826 308 

May be issued, when, 7849 315 

Ten, when average daily attendance falls below, 7730 256 

Term of teachers, 7691 242 

Term of appointees to elective office, 10 13 

Territory, 

Attachment of in newly created village school districts, 4687 Q6 

Must be contiguous, 4685 • 66 

Transfer of from one district to another, 4692 68 

Transfer of to village school district, 4691 68 

Textbooks, ofifering bribe for recommending, 12931 116 

Theatrical and other public exhibitions in school houses, 3657 186 

Third grade high schools, 7654 221 

Title to village school district may pass to rural district board of education, 

4683 63 

Topography and population, county board of education shall arrange school 

district according to, 4736 88 

Township, apportionment when county line divides original surveyed, 7602... 168 

Township school districts, 

Officers continue until successors elected, 4735 86 

(See rural school districts, 4712-4727) 80-82 

Township taxes, 5649-3a 142 

Transfer of territory, 

From one district to another, 4692 68 

Petition by 75 per cent of electors, 4696 69 

Apportionment of indebtedness, 4696 69 

Division of school funds, 4692 ^ 

Legal title to property, 4692 68 



47^ INDEX. 

Transportation, page 

Of high school pupils, when, 7749 267 

Depots for the shelter of children, 7731-1 260 

Shall be furnished, when, 7731 259 

When, 7748 266 

When provided the conveyance must pass within one-half mile of 

residence, 7731 251) 

Treasurer of school district, 4763-4773 117-123 

Additional sureties or new bond, 4765 120 

Account, 4780 126 

Annual settlement by with county auditor, 4770 123 

Bond of, 4764 119 

Compensation of for making settlement with auditor, 4771 123 

Compensation of, 4781 127 

Counting of funds, 4767 121 

Custodian of teachers' pension fund, 7889 328 

Duties of, 3202 44 

Duties regarding teachers' pension fund, 7890 328 

Fees, 3202 44 

Liability of relieved, when, 7609 174 

Maximum amount of funds which he may hold, 4769 122 

Must deliver funds to successor, 4773 128 

Payments to, 2689 167 

Penalty for failure to make settlement, 4772 123 

Sureties of may apply to be discharged, 12200 120 

May receive or pay money, when, 4768 121 

Moneys placed where, when depository ceases to act, 4784 131 

of the school funds, 4763 117 

When clerk shall perform duties of, 4783 130 

When he may be dispensed with, 4782 128 

To keep accounts, how, 4778 125 

And clerk, 4763-4784 117-131 

Treasurer of state, moneys to be forwarded to, 2693 168 

Triplicate report of examination by the department of inspection and super- 
vision of public offices, 286 15 

Truant officer. 

Appointment, term, 7769 281 

Duties of, 7771 282 

Duty of under certain conditions, 12979 289 

Powers, 7770 282 

Record of, 7771 282 

Relief to enable child to attend school, 7777 285 

Report of to juvenile court, 7779 ' 286 

Truants, 7768 281 

Special course for, 7772 283 

Tuition fund, tuition may be paid from, when, 7751 2G9 

Trustees of teachers' pension fund, 7875 323 

Trustees shall petition court of common pleas, when, 3213 49 

Trustees, duties of in certain cases, 3201 44 

Election of board of pension fund, 7876 324 

Payment of pensions, 7879 325 

Tuberculosis schools, 7644-1 218 



INDEX. 477 

Tuition, page 

Based on the per capita cost, in certain cases, 773(i 263 

Crediting of school taxes on, 7683 236 

Effect of removal from village or city, 7748 " 266 

How paid, 7751 261) 

Shall be paid for high school pupils, when, 7747 265 

When, 7750 268 

Tuition fund, 7587 158 

Two-thirds of school levy must be for, 7595 161 

Uniform examinations, 7818 305 

Universities of municipalities, 7902-7922 333-341 

Universities and colleges, 7902-7986 333-362 

Unexpended balance, reverts to general fund, 5649-3e 147 

Union high schools, 7669 228 

U. S. Flag, display of, on school buildings, 7621 189 

Vacancy in boards of education, how filled, 4748 102 

Vaccination of pupils, 7686 238 

Vahiation, 

Village with less than five hundred thousand dollars not a village school 

district, 4082 63 

Vice president board of education, 4747 99 

Village and rural schools, supervision of, ^740 91 

Village board of education, 

Appointment of, when, 4710 78 

Assignment of electors in attached territory, 471 1 79 

Conveyance of pupils optional, when, 7733 261 

Disposal of property in certain cases, 4689 (17 

Election of in newly created villages, 4710 78 

Employment of teachers, 7705 247 

Five members in village school district, 4708 77 

In village school districts, 4708 77 

Organization of, 4710 78 

Members chosen, how, 4709 77 

Members elected at large, when, 4708 77 

Terms of members chosen at first election, 4709 - 77 

Village school districts, 4708-4711 77-79 

tillage school districts, 4681 •. 62 

Appointment of board of education, when, 4710 78 

Area less than 16 square miles, 4687 66 

Assignment of electors in attached territory, 4711 79 

Attaching territory to, 4691 68 

Board of education in, 4706 77 

Change of classification upon advancement or reduction, 4086 65 

County board may publish course of study for, 4737 90 

County board certify salaries of county ana district superintendents, 

4744-2 93 

Disposal of property in certain cases, 4689 67 

Effect of removal from regarding tuition, 7748 266 

Election in newly created villages, 4710 78 

Establishment of evening schools at, 7679 233 

Exempted from supervision of county board, 4088 66 

Ineligible to certain state aid, when, 4688-2 67 

In newly created villages, 4687 66 

Organization of board, 4710 78 



478 INDEX. 

Village School District — Concluded. page 

Must have a total tax valuation of not less than $500,000, 4681 62 

Territory must be contiguous, 4685 65 

Title passes' to rural district board of education, when, 4683. 63 

Title to property vests in board of education, when, 4735-2 87 

Title to property when territory annexed, 4690 67 

When a census may be taken, 4688-1 66 

When and how it may dissolve and join rural district, 4682-1 63 

When, 4682 63 

Vote to organize, 4682 63 

Visitors of schools specially endowed, 7994 365 

Vote, 5649-^a 148 

Vote to organize village school district, 4682 63 

Ward, when child becomes a, 1672 35 

Water supply free for certain purposes, 3963 187 

Weak school districts, state aid for, 7596 '. . . 163 

Week, year and month of the school, 7089 239 

Wilberforce University, 7975-7986 360-362 

Board of trustees of, 7976 360 

Bond of treasurer, where filed, 7983 361 

Choosing of trustees by university board, 7977 360 

Designation of pupils by members of general assembly, 7985 361 

Levy for, 7986 361 

Meetings of trustees, 7980 360 

Names of trustees to be certified to Governor, 7979 360 

Non-sectarian character of department, 7982 361 

Normal and industrial department, 7975 360 

Powers and duties of trustees, 7981 361 

Vacancies in board of trustees, how filled, 7978 360 

Women may vote, when, 4862 134 

Women, registration of, 4940 134 

Words, interpretation of certain, 27 14 

Year, from July 1, to June 30, 260-1 294 

Year, month, and week of school, 7689 - 239 

"Yeas" and "nays" in certain cases, 4752 105 



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